Punjab-Haryana High Court
Narsi Ram vs State Of Haryana on 28 October, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:141658
CRM-M-52743-2024 - 1-
221 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-52743-2024
DECIDED ON: 28.10.2024
NARSI RAM
.....PETITIONER
VERSUS
STATE OF HARYANA
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Aditya Sanghi, Advocate
for the petitioner.
Mr. Chetan Sharma, DAG, Haryana.
SANDEEP MOUDGIL, J (ORAL)
1. Relief Sought
The jurisdiction of this Court under Section 483 BNSS has been
invoked seeking regular bail to the petitioner in FIR No. 464, dated 28.06.2023,
under Sections 15(c)/27-A/29 of NDPS Act, 1985, registered at Police Station City
Azad Nagar, District Hisar.
2. Facts
The facts as narrated in the FIR reads as under:-
“To the Incharge Officer Police Station Azad Nagar, Hisar, Jai Hind. Today
on 28.06.2023, | ASI Alongwith fellow employees ORP/HC Raghuvir Singh
No. 1645/Rohtak, E/SI Baljeet Singh No. 670/ TB, EHC Vijay Kumar No.
591/Jind, E/HC Sunil Kumar No. 1370 Hisar, constable shri Amit Kumar No.
1255/Jind with laptop and printer in govt. passenger vehicle No. HR-03X
9291 Driven by constable, Subham 640/Hansi were on crime patrolling
near village Chaudhriwas toll plaza on NH 52 Raigarh to Hisar. Then a
secret informer came and he informed that Harvinder Singh son of Darshan1 of 9
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Singh resident of Reond Kalan, jawan Nagar Police Station Boha, District
Mansa, Punjab along with his ginfriend Charanjeet Kaur wife Amrik Singh
son of Harbans Singh resident of Reorid Kalan, District Mansa, Punjab with
car no. PB-15F-0958, Maruti Swift white in color, are coming and works to
sell poppy husk (Dada post) after taking from Rajasthan. They
have gone.to Rajasthan to buy Doda post yesterday on 27.06.2023
evening: Today itself, after buying poppy from Rajasthan they
will: go.to :Punjab: via Rajgarh: Highway to sell. it in Punjab: If the
blockade is done immediately, then Harvinder Singh, his girlfriend Charanjit
Kaur along with the above mentioned vehicle along with Doda Poppy can
be caught on the spöt. On finding information believable. a report under:
42: NDPS Act through, EHC Vijay Kumar No. 591/Jind is being sent to the
police station for information to higher officials. After report information be
provided and inform higher officer be informed and please send a lady
police employee to the spot. I, ASI, after informing the co-employees about
the informer, started a blockade on the highway from village Chaudhariwas
toll plaza towards Siwani on Government National Highway No. 52
Rajgarh-Hisar Road and checked the numbers of the vehicles coming from
Siwani. At that time, lady police constable Pooja Rani No. 189/Hisar arrived
at the spot. After some wait, after some time, as per the information given
by the informant, vehicle number PB-15F-0958, Maruti Swift white color
was seen coming from Siwani side. When 1, ASI left the government
vehicle along with the driver at the Naka and signaled the driver of Vehicle
no. PB-15F-0958 along with other fellow employees some distance ahead
to stop the vehicle, the driver suddenly seeing the police party in front,
slowed down his car once but driver started running. increasing the speed.
tried to break.the blockade at high speed, constable Shubham
No.640/Hansi showed: bravery,: without caring for his life, he stopped the
government vehicle in. front, due to which vehicle no. PB-15F-0958 had a
direct collision with government vehicle No. HR-03X-9291 and both the
vehicles Got damaged. When the vehicle stopped, a young boy and a
woman sitting inside: it tried to run away after getting down.! AS with the
help of fellow. employees; controlled the driver and his female companion
and asked.the.name.of the driver. The driver gave his name and address
as Harvinder. Singh Son of Darshan Singh resident of Reond Kalan,
Jiwan..Nagar Police Station Boha, District Mansa, Punjab and the woman
sitting:in: the front seat next to the driver in vehicle told her name as
Charanjeet Kaur wife of Amrik. Singh, son of Harbans Singh resident of
Reord Kalan, District Mansa, Punjab. Chaudhariwas toll plaza employees,
who used to come on the. highway, were asked to take part in proceedings,
on which Surendra Kumar, son of Late Shri Jaibir Singh. Jangra r/o. village
Sarsana, sub tehsil Balsamand Mobile no. 98122-20439 Chaudhariwas toll
plaza guard was included in the proceedings. Thereafter I,/ASI; suspected
that Harvinder Singh and Charanjeet Kaur above had any intoxicating
substance Poppy, etc. in their vehicle, I first issued a.notice to Harvinder
Singh under Section 50 NDPS Act. That I give: you notice ünder: 50 NDPS
ACT by informing that I am ASl Anoop. Singh: No: 895/Hisar, STF Unit,
Hisar to Harvinder Singh son of Darshan. Singh resident of Reond Kalan
Jeevan Nagar police station Boha, District Mansa, Punjab under 50 NDPS
ACT under notice that I have a suspicion of having some intoxicant Doda
post etc. with you and in your vehicle number PB-15F-0958, Maruti Swift2 of 9
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white colour. You and your vehicle have to be searched, you have to be
searched. As per NDPS Act you have full legal right that you can call a
Gazetted Officer or Duty Magistrate on the spot to search you and your
vehicle as mentioned above or he can be called here to search your vehicle
or you along with above mentioned vehicle Can be taken in front him. You
give your answer in writing. Harvinder Singh, after hearing and
understanding the notice very well, put his signature on the notice and the
witness put his 2 signatures and in his reply, told rally, got written that I,
Harvinder Singh son. of. Darshan Singh, resident of Reond Kalan, Jeevan
Nagar Police: Station Boha District Mansa, Punjab have heard and
understood notice given. by you under Section 50 NDPS Act. / want to call:
a gazetted officer on the spot and get my vehicle No. PB-15F- 0958
searched. Please call a gazetted officer to the spot to search. me.and my
vehicle: I have written the reply notice to you orally, on which the • reply:
notice has been signed by Harvinder Singh: above.and the witness. After
this, ASI issued notice u/s, 50: NDPS Act to: Charanjeet Kaur that I AS
Anoop Singh No. 895/Hisar, STF Unit, Hisar, give notice to you Charanjit
Kaur wife of Amrik. Singh son Harbans.Singh.resident. of Reond Kalan,
District Mansa Punjab that you and your vehicle. No. P.B: 15F-0958; Maruti
Swift which is white in color, is suspected to contain some intoxicating
substance poppy seeds (Doda Post) etc. You and your vehicle are to be
searched as per the above rules. You have.full legal right under the NDPS
Act that you can call a Gazetted Officer or Duty Magistrate on the spot to
search you, and your vehicle, or, you can be searched along with the above
vehicle can be taken: before: him. for searching. You give your answer in
writing. On the notice, Charanjit Kaur, the above has put his right thumb
and the witness has signed. After thoroughly listening and understanding
the notice given by. me; she have written the reply to notice, in reply she
told that that.) Charanjit Kaur: wife of Amrik: Singh son of Harbans Singh
resident. of Reond Kalan; District Mansa, Punjab have heard and
understood notice given by you under section 50 NDPS Act. I want a
gazetted officer to be called on the spot to search me and our vehicle PB-
15F-0958. Please call a gazetted officer on the spot to search my vehicle
and mine. I have got written reply to notice to you in writing by speaking
orally. On the reply notice, Charanjit Kaur has put her right thumb and the
witness also out signatures. Regarding searching on the spot, Mr. Sachin
Ahlawat, Agriculture Development Officer, Agricultural Development Officer,
Maiyad District, Hisar, appointed by the District Deputy Commissioner
Hisar, for the search in connection with the NDPS Act, informed on his
personal mobile number 88140-05252 from my mobile number 94166-
28644 request was made. The time is around 6.24 AM, after which we had
to wait, at 7:05 AM Mr. Sachin Ahlawat, Agriculture Development Officer,
reached the spot and after introducing himself, he asked the ASI about:
the: complete situation and after viewing the notice: and reply notice, he
took my. Jamatalshi and leaving no article or money with me; directed me
to search the arrested persons Harvinder Singh and Charanjeet Kaur.
above named and vehicle no.. PB-15F-0958.Maruti Swift car white color. I,
ASI did search as per rules, in front of the Gazetted Officer, the vehicle
driver above-mentioned Harvinder Singh was searched and no narcotic
substance was found and as per.the orders of the Gazetted Officer,
Charanjeet Kaur, the above. mentioned woman was searched through
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Constable Pooja Rani. No. 18/Hisar women Police Station, Keeping the
shame in mind being. women, No intoxicants were recovered during the
search. Thereafter on minutely searching of vehicle Maruti swift of white
color as mentioned above PB 15F-0958, on back seat of car two plastic
bags of black color found, on opening the mouth Doda post (Poppy husk /
straw) was found in: both, On weighing from computerized machine, the
plastic bags.recovered from the vehicle, of the Harvinder Singh and
Charanjit kaür, first plastic bag was 26 kag 100 grams and the another
pastic bag was: also found of 26 kg 100 grams, thus total 52 kg 200 gram
Doda post (Poppy Husk) was recovered along with plastic bags. Two
separate. parcels.of each recovered plastic bag were prepared and sealed
with. myseal VS/3: Gazetted Officer Mr. Sachin Ahlawat, Agriculture.
Development Officer, Maiyad, District Hisar stamped both the Palanda, of
Doda: post with his seal OP/1 and the sample seal was prepared.
Recovered Poppy Palanda, Plastic bag Sample, Seal Stamp VS/3 and
OP/1, vehicle No. PB-15F-0958, Maruti Swift, White Color and Accused
Harjinder Singh a mobile phone of Vivo brand of white color was recovered.
In which Sim No. 82647-90082 was found. After making a separate parcel,
1, ASi sealed with stamp VS/3. On the recovery memo, the accused
Harvinder Singh has signed in Punjabi language and Charanjit Kaur put the
thumb of his right hand and the witness has put signatures. The recovery of
memo ot doda post was verified by Gazetted Officer Mr. Sachin Ahlawat.
After using and keeping my seal, I handed over the sample seal to ESI
Baljeet Singh No. 671/Fatehabad, STF Hisar and Gazetted Officer Mr.
Sachin Ahlawat, after using the above mentioned seal, kept it with him only.
At the same time, report no. 4 dated: 28.01:2023 filed by E/HC Vijay Kumar
No. 591 Jind, has been received from Azad Nagar police station, Hisar. On
my inquiry, accused Harvinder Singh and Charanjit Kaur told about the
recovered doda post that they have brought this Doda post from Nagaur,
Rajasthan. Accused Harvinder Singh and Charanjit Kaur have committed,
the crime under section: 15-C, 61/85: NDPS Act by keeping garbage
weighing 52 kg and 200: grams along with weight of both the plastic bags,
recovered, in vehicle no. PB-15F-0958, against which a case should be
registered. An information through ORP/HC Raghubir Singh No. 1645. is
sent. to police. station of Hisar, the case number should be informed
through. the form and the special report of the case should be sent to the
area magisträte and higher officials. Myself ASI is complainant Because the
seized goods are the commercial quantity of the case. Therefore, as per
the instructions of higher officials, another investigator, S.l. Rajesh Kumar
No: 78/Fatehabad STF (H) Unit, Hisar is appointed 10: I am present: at
spot alongwith case property and the accused, Location.:: NH-52: Near
Chaudhariwas Toll Plaza, Hisar. SD/- ANUP SINGH ASI (ASI Anup Singh
895/ Hisar) STF (H) Unit Hisar. Date 28.06.2023 Time: 8:30.A.M.”
3. Submissions
On behalf of the petitioner:-
Learned counsel for the petitioner has contended that the petitioner has
been nominated as an accused on the basis of disclosure statement suffered by the
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co-accused namely Harvinder @ Munna from whom the recovery of 52.200 KG of
Poppy husk has been effected and has already been released on regular bail by this
Court vide order dated 16.10.2024 passed in CRM-M-2054-2024. He further
contends that nothing has been recovered from the possession of the petitioner, who
is in custody since 29.02.2024.
On behalf of respondent-State
Learned State counsel has contended that though the recovery of
52.200 KG of Poppy Husk has been effected from the co-accused namely Harvinder
@ Munna but the petitioner being supplier does not deserve the concession of
regular bail at this stage, who has suffered incarceration for a period of 7 months
and 24 days, as of now, as is evident from the custody certificate filed by learned
State counsel, today in Court.
4. Analysis
Considering the fact that the petitioner has been nominated on the basis
of disclosure statement suffered by the co-accused namely Harvinder @ Munna,
who has already been granted the benefit of regular bail by this Court vide order
dated 16.10.2024 (Annexure P-5) and the recovery whatsoever has been effected
from him and nothing has been recovered from the possession of the petitioner,
apart from the fact that after framing of charges on 20.12.2023, out of total 25
prosecution witnesses none has been examined so far, meaning thereby, the
conclusion of trial would take sufficient time, this Court is of the considered view
that no useful purpose would be served by keeping the petitioner behind the bars for
an indefinite period, which would curtail his right for speedy trial and expeditious
disposal, as enshrined under Article 21 of the Constitution of India as has been time
and again discussed by this Court, while relying upon the judgment of the Apex
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Court passed in Dataram Singh vs. State of Uttar Pradesh & Anr. 2018(2) R.C.R.
(Criminal) 131. Relevant paras of the said judgment is reproduced as under:-
“2. A fundamental postulate of criminal jurisprudence is the
presumption of innocence, meaning thereby that a person is
believed to be innocent until found guilty. However, there are
instances in our criminal law where a reverse onus has been
placed on an accused with regard to some specific offences but
that is another matter and does not detract from the fundamental
postulate in respect of other offences. Yet another important
facet of our criminal jurisprudence is that the grant of bail is the
general rule and putting a person in jail or in a prison or in a
correction home (whichever expression one may wish to use) is
an exception. Unfortunately, some of these basic principles
appear to have been lost sight of with the result that more and
more persons are being incarcerated and for longer periods.
This does not do any good to our criminal jurisprudence or to
our society.
3. There is no doubt that the grant or denial of bail is entirely the
discretion of the judge considering a case but even so, the
exercise of judicial discretion has been circumscribed by a large
number of decisions rendered by this Court and by every High
Court in the country. Yet, occasionally there is a necessity to
introspect whether denying bail to an accused person is the right
thing to do on the facts and in the circumstances of a case.
4. While so introspecting, among the factors that need to be
considered is whether the accused was arrested during
investigations when that person perhaps has the best opportunity
to tamper with the evidence or influence witnesses. If the
investigating officer does not find it necessary to arrest an
accused person during investigations, a strong case should be
made out for placing that person in judicial custody after a
charge sheet is filed. Similarly, it is important to ascertain
whether the accused was participating in the investigations to
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the satisfaction of the investigating officer and was not
absconding or not appearing when required by the investigating
officer. Surely, if an accused is not hiding from the investigating
officer or is hiding due to some genuine and expressed fear of
being victimised, it would be a factor that a judge would need to
consider in an appropriate case. It is also necessary for the
judge to consider whether the accused is a first-time offender or
has been accused of other offences and if so, the nature of such
offences and his or her general conduct. The poverty or the
deemed indigent status of an accused is also an extremely
important factor and even Parliament has taken notice of it by
incorporating an Explanation to section 436 of the Code of
Criminal Procedure, 1973. An equally soft approach to
incarceration has been taken by Parliament by inserting section
436A in the Code of Criminal Procedure, 1973.
5. To put it shortly, a humane attitude is required to be adopted
by a judge, while dealing with an application for remanding a
suspect or an accused person to police custody or judicial
custody. There are several reasons for this including maintaining
the dignity of an accused person, howsoever poor that person
might be, the requirements of Article 21 of the Constitution and
the fact that there is enormous overcrowding in prisons, leading
to social and other problems as noticed by this Court in In Re-
Inhuman Conditions in 1382 Prisons, 2017(4) RCR (Criminal)
416: 2017(5) Recent Apex Judgments (R.A.J.) 408 : (2017) 10
SCC 658
6. The historical background of the provision for bail has been
elaborately and lucidly explained in a recent decision delivered
in Nikesh Tara chand Shah v. Union of India, 2017 (13) SCALE
609 going back to the days of the Magna Carta. In that decision,
reference was made to Gurbaksh Singh Sibbia v. State of Punjab,
(1980) 2 SCC 565 in which it is observed that it was held way
back in Nagendra v. King-Emperor, AIR 1924 Calcutta 476 that
bail is not to be withheld as a punishment. Reference was also
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made to Emperor v. Hutchinson, AIR 1931 Allahabad 356
wherein it was observed that grant of bail is the rule and refusal
is the exception. The provision for bail is therefore age-old and
the liberal interpretation to the provision for bail is almost a
century old, going back to colonial days.
7. However, we should not be understood to mean that bail
should be granted in every case. The grant or refusal of bail is
entirely within the discretion of the judge hearing the matter and
though that discretion is unfettered, it must be exercised
judiciously and in a humane manner and compassionately. Also,
conditions for the grant of bail ought not to be so strict as to be
incapable of compliance, thereby making the grant of bail
illusory.”
Therefore, to elucidate further, this Court is conscious of the basic and
fundamental principle of law that right to speedy trial is a part of reasonable, fair
and just procedure enshrined under Article 21 of the Constitution of India. This
constitutional right cannot be denied to the accused as is the mandate of the Apex
court in “Hussainara Khatoon and ors (IV) v. Home Secretary, State of Bihar,
Patna”, (1980) 1 SCC 98. Besides this, reference can be drawn upon that pre-
conviction period of the under-trials should be as short as possible keeping in view
the nature of accusation and the severity of punishment in case of conviction and
the nature of supporting evidence, reasonable apprehension of tampering with the
witness or apprehension of threat to the complainant.
5. DECISION:
In view of the discussions made hereinabove, the petitioner is hereby
directed to be released on regular bail on his furnishing bail and surety bonds to the
satisfaction of the trial Court/Duty Magistrate, concerned.
In the afore-said terms, the present petition is hereby allowed.
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However, it is made clear that anything stated hereinabove shall not be
construed as an expression of opinion on the merits of the case.
(SANDEEP MOUDGIL)
28.10.2024 JUDGE
sham
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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