Punjab-Haryana High Court
Sajan Singh vs State Of Punjab on 17 April, 2025
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2025:PHHC:050132
CRM-M-20543-2025 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
103 CRM-M-20543-2025
Date of decision: 17.04.2025
SAJAN SINGH
...Petitioner
VERSUS
STATE OF PUNJAB
...Respondent
CORAM : HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Ms. Shubreet Kaur, Advocate
for the petitioner.
Mr. Jastej Singh, DAG, Punjab.
****
SANDEEP MOUDGIL, J.(ORAL)
1. Relief sought
The jurisdiction of this Court has been invoked under Section
482 BNSS seeking pre-arrest bail in case FIR No.0028 dated 16.03.2025
(Annexure P-1), under Section 21 of NDPS Act (Section 29 of NDPS added
later on), registered at Police Station Arniwala, District Fazilka.
2. Prosecution story setup in the present case as per the version in
the FIR as under:-
“Station House Officer, Police Station Arni Wala “Jai
Hind”. Today I/ASI alongwith SC Baljit Singh
No.255/Fazilka, PHG Sukhwinder Singh No.6835, PHG
Om Prakash No.6918 in Government Vehicle bearing
No.PB-22-F-3791, which is being driven by Constable
Maha Singh No.208/Fazilka, had left for the area under
Police Station Arni Wala in connection with patrolling
and checking of suspected persons. While doing
patrolling, when the police party reached from Link1 of 7
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Road, Arni Wala to the Ti-Point of village Tahli Wala
Jatta to about half a killa forward from the Arni Wala
side, then two hair-cut young men who were riding on a
motorcycle came towards the police party from the Arni
Wala side, who on seeing the police party. immediately
started moving back the motorcycle. Then I/ASI with the
assistance of accomplice employees asked them to stop.
Thereafter, they got scared and they dropped down a
transparent plastic envelope which they were holding in
their hand. On this, I/ASI, on getting suspected, with the
assistance of accomplices, caught hold of both the young
persons and asked their names and addresses. The driver
of the motorcycle told his name as Mohan Singh alias
Mohani son of Jarnail Singh, resident of Backside Preet
Palace, Arni Wala and the person sitting on rear side
told his name as Shinda Singh alias Shinda son of
Malkeet Singh, resident of Tibba Basti, Arni Wala.
Thereafter, I/ASI while introducing himself and
accomplice employees, told his name as S.I. Chander
Shekhar. I am posted at Police Station Arni Wala. I and
my accomplice employees have worn their uniforms as
per their respective ranks, who are having name plates
on the same. Thereafter, on getting suspected about any
intoxicating substance in the plastic envelop dropped by
the boys who were caught, 1/ASI told them that the
plastic envelop dropped by you is to be searched.
However, as per the law framed regarding intoxicating
substances, you have legal right that you can get the
plastic envelop dropped by you searched in the presence
of any Gazetted Officer or any Magistrate Sahib, who
can be called on the spot upon request. On this, accused
Mohan Singh alias Mohani and Shinda Singh alias
Shinda above told in one loud voice that the material
which is in the envelope will be found and we have trust
on you and you only start search. On this, memos of2 of 7
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consent of both the persons were prepared separately.
Mohan Singh alias Mohani signed in Punjabi on the fard
and Shinda Singh alias Shinda appended his thumb
impressions on the fard. Before undertaking search,
witness from the public was tried to be included in the
party but no one was ready. Then I/ASI took the plastic
transparent envelop dropped by Mohan Singh alias
Mohani and Shinda Singh alias Shinda above and saw
after opening it, in which heroin was recovered.
Thereafter, the recovered heroin was weighed on the
computerized weighbridge, which came to be 20 grama
including the envelope. On this, I/ASI prepared one
pullanda after putting the recovered heroin in one plastic
box and stamped the pullanda with his stamp worded as
CS and specimen stamp was prepared separately and
after usage the stamp was handed over to SC Baljit
Singh No.255/Fazilka. The pullanda of recovered heroin
weighing 20 grams duly stamped and specimen stamp
were taken into police custody vide separate memo of
recovery. The witnesses put their respective testimony on
the memo. Mohan Singh alias Mohani and Shinda Singh
alias Shinda above have committed offence under
Sections 21/61/85 NDPS Act by keeping heroin in their
possession, on which, after writing ruqa, the same was
sent to the police station by hand through PHG
Sukhwinder Singh No.6835 for registration of case
against Mohan Singh alias Mohani and Shinda Singh
alias Shinda above. After registration of case, case
number be allotted to the same. Information be sent to
the P.C.C. Fazilka. After issuing the special reports, the
same be sent to the Illaqa Magistrate and higher
officials. I/ASI alongwith accomplice employees are busy
in conducting investigation on the spot. Sd/- Chander
Shekhar, ASI, Police Station Arniwala dated 16.03.2025,
under the jurisdictional area of Arni Wala at 05:25 PM.
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Today at Police Station: Upon receipt of above ruqa by
hand from PHG Sukhwinder Singh No.6835 at the police
station, after registration of case against the
aforementioned accused persons under the above said
offences, copy of FIR alongwith the original ruqa is
being sent to the ASl on the spot through PHG present by
hand. After issuance of special reports, the same are
being sent by hand through Lady Constable Surjeet Rani
No.1304/Fazilka to the Illaqa Magistrate and higher
officials. Information is being sent to the PCR Fazilka
through e-mail.”
3. Contention
On behalf of the petitioner
Learned counsel for the petitioner contends that as per the
prosecution story, the alleged contraband i.e. 20 grams of heroin was
recovered from the co-accused namely Mohan Singh @ Mohani and Shinda
Singh @ Shinda, the contraband recovered is non-commercial in nature. She
further contends that having no direct evidence to connect the alleged
recovered contraband measuring 20 grams of heroin and the petitioner has
been nominated only on the disclosure statement jointly made by the co-
accused namely Mohan Singh @ Mohani and Shinda Singh @ Shinda. She
further contends that the petitioner is owner of a truck and has an alibi as he
was in Una, Himachal Pradesh and the same can be corroborated via the
parking slip dated 10.03.2025 issued at Una, Himachal Pradesh depicting
that his vehicle of make Maruti Suzuki Ertiga bearing No.
PB-65BC-5510 was located at Una and a copy of Indian Oil receipt dated
12.03.2025 (Annexures P-7 and P-8, respectively) has also been placed on
record to further substantiate the alibi. Learned counsel vehemently
prays that petitioner will join the investigation without any
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delay and will assist with the investigating agency so that the final report is
produced within the stipulated time period.
Notice of motion.
On behalf of the State
On the asking of the Court, Mr. Jastej Singh, DAG, Punjab
accepts notice on behalf of the respondent-State, who does not controvert
the aforesaid fact but opposes the grant of anticipatory bail to the petitioner
by referring to the disclosure statement made by co-accused persons and
read out the material part by arguing that the petitioner is the one who is
providing the contraband to the co-accused persons who are merely
labourers to sell the same on his behalf in the market. He submits that the
petitioner along with his two brothers is a habitual offender being involved
in many other NDPS cases.
4. Analysis
Be that as it may, considering the fact that the petitioner was
nominated as an accused only on the basis of disclosure statement of co-
accused Mohan Singh @ Mohani and Shinda Singh @ Shinda and was not
initially named in the instant FIR; nothing has been recovered from the
present petitioner as recovery of whatever contraband was effected was
from other co-accused persons namely Mohan Singh @ Mohani and Shinda
Singh @ Shinda and the contention of learned State counsel to the effect
that the petitioner along with his two brothers is habitual offender being
involved in NDPS cases is concerned does not carry much weight as the
details furnished by ASI Angrej Singh would only show that petitioner has
two brothers namely, Govinda and Raj Kumar @ Rajju. The details would
further reveals that it is Govinda who is involved in two NDPS cases only
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but other FIRs pertains to different offences but not NDPS Act. These are
bearing FIR No.175 dated 14.12.20020, Police Station Arniwala and FIR
No.230 dated 30.11.2023 Police Station City 1, Abohar. Apart from the
above two FIRs neither the petitioner nor any of his brothers are found
involved in any other NDPS cases. Otherwise also, for the offences being
committed by brothers of the petitioner he cannot be made liable as the
evidence in that FIR would only be used and can be decided by the trial
Court only qua the accused persons in that FIR and not the present
petitioner, who is not named in those FIRs as accused except the present
FIR added to the fact that custodial interrogation of the petitioner is not
required at this stage as nothing is to be recovered from him.
5. Relief
In the light of above, the petitioner is directed to be released on
anticipatory bail subject to him joining investigation with the Investigating
Officer concerned within a period of 10 days from today, on furnishing of
personal/surety bonds to his satisfaction for the reason that custodial
interrogation of the petitioner is not required as it would be of no fruitful
purpose to put the petitioner behind the bars. The petitioner shall also abide
by the terms and conditions as envisaged under Section 482(2) of BNSS,
which are reproduced below:-
‘When the High Court or the Court of Session makes a
direction under sub-section (1), it may include such conditions
in such directions in the light of the facts of the particular case,
as it may think fit, including-
(i) a condition that the person shall make himself available for
interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly,
make any inducement, threat or promise to any person
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acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without
the previous permission of the Court;
(iv) such other condition as may be imposed under sub-section
(3) of section 480, as if the bail were granted under that
section.’
However, it is made clear that in case the petitioner does not
comply with the aforesaid direction of joining the investigation within a
period of 10 days and comply with the aforesaid condition under Section
482(2) of BNSS, 2023, the order passed by this Court today shall
automatically stands cancelled.
In the aforesaid terms, the present petition stands allowed.
(SANDEEP MOUDGIL)
JUDGE
17.04.2025
Nisha Yadav
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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