Punjab-Haryana High Court
Pawandeep Singh vs State Of Punjab on 21 February, 2025
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2025:PHHC:031420
CRM-M-8830-2025 -1-
216
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-8830-2025
DECIDED ON: 21.02.2025
PAWANDEEP SINGH
.....PETITIONER
VERSUS
STATE OF PUNJAB
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Ms. Sukhpreet Kaur Grewal, Advocate
for the petitioner.
Mr. Jasjit Singh Rattu, DAG Punjab.
SANDEEP MOUDGIL, J (ORAL)
1. Relief Sought
The jurisdiction of this Court under Section 483 BNSS, has been
invoked for the 2nd time for grant of regular bail to the petitioner in case FIR
No. 120, dated 22.07.2024, under Section 21(c) of NDPS Act, 1985 (Sections
25, 27-A, 29, 61, 85 of the NDPS Act added later on), registered at Police
Station Chheharta, District Amritsar.
2. Facts
The Prosecution story set up in the present case as per the version
narrated in the instant FIR reads as under :-
“To: The SHO, Police Station Cheharta, Amritsar, Jai Hind, Today, I, SI
along with ASI Ravinder Singh (2748), ASI Hira Singh (227), and HC
Ranjodh Singh (2330) were patrolling in a private vehicle in connection with1 of 8
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the search for suspicious persons, and were returning to the police station
via Kale Pind. Upon reaching near Nakha Wala Bagh at the Kapathgarh
Bypass a turn Chheharta, the police party saw suspicious individual (Mulla
Fashion) standing on the road near Nakha Wala Bagh, who was holding a
black polythene bag in his right hand. Upon noticing the police party, he
began to walk away hurriedly. Suspecting his behavior, 1, SI stopped and
apprehended him. Upon questioning, the individual identified himself as
Sukhdev Singh alias Manga son of Surjit Singh resident of village Kotli
Dasaunda, Police Station BhindianSaidan, District Amritsar. Whom I, SI
introduced myself and informed the individual of my designation that my
name is SI Jagga Singh and I am posted as Assistant Station Officer at
Police Station Chheharta. I am wearing my uniform which bears my name
plate. I am having suspicion that the black polythene hand contains in your
bag narcotic/intoxicating substances for which your search is required to be
conducted. You have the legal right to have your search conducted in the
presence of a Magistrate or a Gazetted Officer, for which. I can arrange on
the spot. On this, accused Sukhdev Singh alias Manga, stated verbally to
myself sI that, he wished to have his search conducted in the presence of a
Gazetted Officer.Consequently, 1, SI, called Sh. Sukhpal Singh, PPS,
Assistant Commissioner of Police, West Amritsar, on his phone number
79867-43829 from my phone number 97797-01498 and apprised him of the
situation, requesting his presence at the spot.. In compliance with Section 50
of the NDPS Act, Sh. Sukhpal Singh, PPS, Assistant Commissioner of Police,
West Amritsar, arrived at the location after some time, accompanied by his
gunman in government vehicle number PB02-CR-2696. After being briefed
about the circumstances, Sh. Sukhpal Singh, PPS, introduced himself, his
rank, and his posting to the apprehended accused Sukhdev Singh alias
Manga son. of Surjit Singh, resident of village Kotli Dasaunda, Police
Station BhindianSaidan, District Amritsar. He stated, “I am Sukhpal Singh,
PPS, posted as Assistant Commissioner of Police, West Amritsar. I am a
Gazetted Officer appointed by the Punjab Government, and I have been
informed that you may be in possession of some narcotic substance.
Therefore, a search of the black polythene bag in your right hand is required
to be conducted. However, you have the legal right to have your search
conducted in the presence of a Magistrate or another Gazetted Officer, for
which can arrange on the spot.At this, the individual, Sukhdev Singh alias
Manga, verbally responded, “I have complete trust in your good self, and
you may conduct my search.” Following this, Sh. Sukhpal Singh, ACP West
Amritsar, complied with the requirements of Section 50 of the NDPS Act.
Before, conducting the search of the black polythene bag held in the right2 of 8
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hand of the accused, the ACP Sahib attempted to join public witnesses in the
police party as a precaution. However, no person from the public agreed to
join, fearing enmity.As per the directions of ACP Sahib, I, SI, in the presence
of fellow staff members, conducted the search of the black polythene bag
held in the right hand of the accused Sukhdev Singh alias Manga, following
the prescribed procedure. Upon opening and checking the black plastic
envelope, the substance found inside was tested using a Ketamine Detective
Kit and was confirmed to be heroin. The recovered heroin, including the
black polythene bag, was weighed using an electronic scale and was found
to’ be 567 grams. The recovered heroin, along with the polythene, was
placed into a separate plastic box, prepared as a case property parcel. ACP
Sahib affixed his seal marked “SS” on the parcel, and I, SI, affixed my seal
marked “JS” on the same. A sample seal was prepared separately. After
sealing, I handed over the seal to ASI Ravinder Singh 2748, while ACP
Sahib retained his seal with himself.I, SI, took the plastic box parcel
containing 567 grams of heroin, sealed with seals impressions “SS+JS,”
along with the sample seal, into police custody as evidence via recovery
memo. As per the directions of ACP Sahib,. I conducted a personal search of
the accused Sukhdev Singh alias Manga, and no cash or other incriminating
items were found on him. Accused Sukhdev Singh alias Manga, by keeping
567 grams of heroin in his possession, has committed an offense punishable
under Sections 21 (C) and 61-85 of the NDPS Act. The search and seizure
were video recorded using the E-Sakshya app. The present Rug is being sent
to the police station by hand through HC Ranjodh Singh 2330 regarding
registration of an FIR. After registration of FIR, its number be got informed.
Special reports will be issued and sent to the service of Area Magistrate and
senior officers. Information has also been provided to the Control Room. I,
SI, along with the accompanying staff, remained engaged at the spot for
further investigation.Location: Near Nakhan Wala Bagh, Kapurthala
Bypass, Chheharta, AmritsarTime: 07:50 PM. Signed/- Jagga Singh, • SI,
Police Station Chheharta, AmritsarDate: 22.07.2024At the Police
Station:Upon receiving the aforementioned Ruga at the police station, the
above said FIR. under the above said sections was registered and duly
entered in the register. The original ruga, along with a copy of the FIR, is
being sent to the assigned SI at the spot by hand through HC who brought
ruqa at police station. Special reports regarding the present case are being
issued and dispatched by – HC Harmandeep Singh 2129/ASR to the Area
Magistrate and senior officers. Information has been conveyed to the
Control Room and the SHO of the concerned police station via telephone.
Completion report no. 58 was completed at 08:49 PM.”
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3. Contentions
On behalf of the petitioner
Learned counsel for the petitioner submits that initially the
petitioner was not named in the FIR, but subsequent was nominated on the
basis of disclosure statement suffered by co-accused Sukhdev Singh. He
further submits that no recovery whatsoever is to be effected from the
petitioner. He contends that the antecedents of the petitioner are clean, as he is
not involved in any other case.
On behalf of the respondent/State
Learned State counsel has filed the custody certificate of the
petitioner, which is taken on record. He prays for dismissal of the present
petition stating that 567 grams of heroin has been recovered in the present
case, therefore, rigour of Section 37 of NDPS would be attracted.
4. Analysis
In everyday terms, the principle of law dictates that bail is the
general rule, while jail is the exception. However, this Court acknowledges
that the power to grant or deny bail is extraordinary and must be exercised
with caution. It is well-established that when considering a bail application
(whether pre-arrest or regular bail), the Court must form a prima facie opinion
as to whether reasonable grounds exist to support the accusation, or if the
accusation is frivolous and baseless possibly made with the intention of
harming or humiliating the individual, or falsely implicating them in the
crime. This evaluation must be conducted in light of the self-imposed
restrictions and the broader legal parameters outlined.
This court at this juncture would first delve into the provision of
Section 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act,
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wherein it specifically provides that, individuals can be prosecuted if they are
found to be buyers or sellers of contraband, especially in the context of
conspiracy or abetment related to drug offences. This section specifically
addresses the penalties for those who assist or participate in a criminal
conspiracy to commit an offence under the NDPS Act. It emphasizes that
“whoever abets, or is a party to a criminal conspiracy to commit an offence”
is subject to punishment under this law. Buyers or sellers though may not be
found in conscious possession can be implicated under this section if there is
adequate evidence demonstrating their involvement in a conspiracy related to
drug trafficking.
An additional aspect that must be considered by this court is the
frequent practice where individuals are implicated under Section 29 of the
NDPS Act assert that they were neither present at the scene nor had any
contraband in their conscious possession. Taking advantage of this defense,
many such accused persons are granted bail. However, this practice needs to
be addressed, as individuals targeted under Section 29 are often the primary
masterminds behind the drug trafficking networks, orchestrating operations
from a distance while using others, typically those found in direct possession
of the drugs, as scapegoats. Consequently, the court is of the firm opinion that
in such cases, these individuals should be held equally accountable and should
not be afforded any leniency.
Furthermore, the drug is a social malady, while drug addiction
eats into the vitals of the society whereas drug trafficking not only eats into
the vitals of the economy of a country, but illicit money generated by drug
trafficking is often used for illicit activities including encouragement of
terrorism. The devastating effects of narcotic drugs on any person who comes
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to its touch are too well known. Normally, such a person ceases to be a
normal human being, and is more or less reduced to zombie living animal
existences and rushing fast to meet the maker. Divine qualities of an
individual who consumes narcotic drugs disappear and they are the first
sacrifices one normally makes while falling prey to use of drugs. Anxiety of
legislature is to prevent the adverse affect of such drugs and substances on the
society.
In fact, the jurisdiction of the Court to grant bail is circumscribed
by the provision of Section 37 of NDPS Act specifically observing that bail
can be granted only if reasonable grounds are there to believe the innocence of
the accused added with the fact that he is not likely to commit any offence
while on bail. The mandate as envisaged under section 37 of the NDPS Act
needs to be followed which reads as under:
“37. Offences to be cognizable and non-bailable.–(1)
Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974),– (a) every offence punishable under
this Act shall be cognizable; (b) no person accused of an offence
punishable for 3 [offences under section 19 or section 24 or section
27A and also for offences involving commercial quantity] shall be
released on bail or on his own bond unless– (i) the Public
Prosecutor has been given an opportunity to oppose the application
for such release, and
(ii) where the Public Prosecutor opposes the application, the court
is satisfied that there are reasonable grounds for believing that he is
not guilty of such offence and that he is not likely to commit any
offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-
section (1) are in addition to the limitations under the Code of
Criminal Procedure, 1973 (2 of 1974) or any other law for the time
being in force on granting of bail.”
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Going a step further it is negative burden casted on the petitioner
to disapprove the case of prosecution as per the mandate of Section 37 of the
NDPS Act which discloses that the offences are cognizable and non-bailable.
Adverting to the merits of the present case, wherein 567 grams of
heroin stands recovered, though not from the possession of the petitioner, but
from the co-accused Sukhdev Singh, who disclosed the name of the petitioner
stating that he used to hand over the money earned by selling heroin to the
petitioner on the directions of Pakistani smugglers. Moreover, the quantity
recovered is commercial in nature, therefore the rigours of Section 37 of
NDPS would attract in this case and therefore, it would not be just for the
Court to let the petitioner out added with the fact that drug money to the tune
of Rs.12,30,000/- was recovered from the petitioner and co-accused Dilpreet
Singh, which is sufficient for this Court to infer that the petitioner has actively
indulged himself in business of selling Narcotic Substances.
Based on the aforementioned facts, the court can reasonably
conclude that the petitioner is involved in a criminal conspiracy aimed at
facilitating the commission of an offense. Upon perusal of FIR, it is clear that
the petitioner, is engaged in the illegal drug trade, contributing to the addiction
of young boys. As a result, these young individuals are resorting to theft and
other criminal activities to satisfy their drug cravings. This highlights the state
government’s failure to address the growing drug problem, which is
particularly alarming in Punjab. The widespread drug abuse is severely
undermining the future of the country, as it is gradually eroding the youth
population, much like a termite.
In light of these concerns, the court, as the guardian of its
citizens, deems it essential to take decisive action against such offenders,
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especially when the lives and futures of the nation’s youth are at stake. The
drug epidemic must be tackled with the utmost seriousness. The illegal
activities carried out by the individuals involved must be met with resolute
measures. The intent of the legislature and the integrity of the rule of law must
be preserved at all costs, and cannot be allowed to be undermined, irrespective
of the quantity of drugs involved.
5. DECISION:-
Keeping in view the afore-said facts and circumstances and
nature of averments, the petitioner does not deserve the concession of regular
bail.
Hence, the present petition is hereby, dismissed.
However, it is made clear that the observations in this order are
only for the purposes of deciding this bail application and the trial Court is
free to adjudicate upon the matter in accordance with law.
(SANDEEP MOUDGIL)
21.02.2025 JUDGE
Meenu
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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