Amandeep Singh Alias Badshah v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta2on Sec2ons 241 30.11.2024 City Budhlada, 20, 21, 22, 27, 29 of NDPS Act and Disti. Mansa Sectons 111 and 223 of BNS, 2023

¶1The pettoner apprehending arrest in the FIR captoned above has come up before this Court under Secton 482 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking antcipatory bail.

¶2As per paragraph 8 of the status report, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta2on

¶1140 03.08.2019 20 of NDPS Act City Budhlada

¶2226 15.11.2022 21-A of NDPS Act City Budhlada

¶3133 22.08.2023 295-A, 153-A, 429 City Budhlada IPC, 3, 4, 8 of Cow Protecton Act

¶484 27.06.2024 22, 29 of NDPS Act Sadar Barnala

¶3The facts and allegatons are being taken from status report dated 15.02.2025 filed by the State. On 30.11.2024, a secret informaton was received qua the involvement of accused person in drug peddling. On 01.12.2024, a raid was conducted by the police party. At the tme of raid, accused persons namely, Pawan Singh and Ranga Ram were arrested with 45 intoxicatng capsules containing Pregabalin, 60 intoxicatng capsules and 280 grams of Ganja were recovered from them respectvely. In additon to that, 150 grams of Ganja was effected from co-accused Dharma. The order/judgment. 1 allegatons against the pettoner are that he and remaining accused are members of a gang of drug paddlers and said gang is being operated by accused Lachho Devi.

¶4Counsel for the pettoner submits that he would have no objecton in case any stringent conditons this Court might put upon the pettoner including surrender of fire arms, and in case, pettoner repeats the offence, where the sentence prescribes 07 years or more, the State shall file an applicaton for cancellaton of bail. He further contends that pre-trial incarceraton would cause an irreversible injustce to the pettoner and his family.

¶5The State's counsel opposes bail and refers to the status report dated

15.02.2025.

¶6It would be appropriate to refer to the following portons of the status report dated 15.02.2025, which read as follows: "4. The role of the pe##oner From the investgaton proceedings, it was ascertained by the answering deponent that all the accused persons including the pettoner had formed a gang of drug peddlers, out of which some gang members are engaged in procurement of drugs, some keep vigilance so as to easement in drug paddling and some are engaged in supply of drugs. Further, pettoner Amandeep Singh @ Badshah is stated to be one of the member of the drug paddlers and the said gang is being operated by accused Lachhho Devi.

¶5The evidence against the pe22oner From the investgaton proceedings, it was ascertained by the answering deponent that as per the informaton given by the secret informer pettoner Amandeep Singh @ Badshah is stated to be one of the member of the Gang dealing in the drug paddlers and the said gang is being operated by accused Lachho Devi. As such, role of the pettoner is duly established, hence present case/FIR has been rightly registered against the pettoner Amandeep Singh @ Badshah" REASONING:

¶7Name of the pettoner cropped up in the secret informaton, there is no recovery from the pettoner, except the oral statement, nothing is on record to connect the pettoner with the co-accused from whose possession recovery of contraband was effected. Given the undertaking by counsel for the pettoner that in case the pettoner order/judgment. 2 repeats the offence where the sentence prescribed is seven years or more, then the State may file an applicaton for cancellaton of bail, as such, he is enttled to bail.

¶8As concerned for the involvement in drug trafficking, no recovery or actvity of the pettoner with the drug peddler is available on record which are sufficient ground to grant bail to the pettoner.

¶9Given this, the rigors of S. 37 of the NDPS Act do not apply in the present case.

¶10Secton 2 (vii-a) of the NDPS Act defines commercial quantty as greater than the quantty specified in the schedule. Secton 2 (xxiii-a) defines a small quantty as a quantty less than the quantty specified in the table of the NDPS Act. The remaining quantty falls in an undefined category, generally called an intermediate quantty. All sectons in the NDPS Act specify an offence and menton the minimum and maximum sentence, depending upon the quantty of the substance. The commercial quantty mandates a minimum sentence of ten years of imprisonment and a minimum fine of Rupees One hundred thousand, and bail is subject to the riders mandated in S. 37 of the NDPS Act. When the quantty is less than commercial, the restrictons of Secton 37 of the NDPS Act will not atiract, and the factors for bail become similar to the offence regular statutes.

¶11Pre-trial incarceraton should not be a replica of post-convicton sentencing. The evidence might be prima facie sufficient to launch prosecuton or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of antcipatory bail. An analysis of the above does not justfy custodial interrogaton or pre-trial incarceraton.

¶12The evidence collected might be prima facie sufficient to launch prosecuton or even to frame the charges; however, it is insufficient for the purpose of denying bail.

¶13Given the penal provisions invoked, the legal admissibility of evidence collected against the petton, coupled with the prima facie analysis of the nature of allegatons, and the other factors peculiar to this case, there would be no justfiability for custodial interrogaton or pre-trial incarceraton.

¶14Given the above, without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner order/judgment. 3

¶15Given above, provided the pettoner is not required in any other case, the pettoner shall be released on bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the Arrestng Officer, and if the matier is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Officer/Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶16While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

¶2Passport number (If available) and when the atiestng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶17The bail order is subject to the pettoner's complying with the following terms.

¶18The pettoner is directed to join the investgaton within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investgator. The pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act, 1872/ Secton 23 of BSA, 2023. The pettoner shall join the investgaton as and when called by the Investgatng Officer or any Superior Officer and shall cooperate with the investgaton at all further stages as required. In the event of failure to do so, the prosecuton will be open to seeking cancellaton of the bail. During the investgaton, the pettoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶19The pettoner shall abide by all statutory bond conditons and appear before the concerned Court(s) on all dates. The pettoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶20Given the background of allegatons against the pettoner, it becomes paramount to protect the members of society, detecton squad and incapacitatng the accused would be one of the primary optons untl the filing of the closure report or discharge, or acquitial. Consequently, it would be appropriate to restrict the possession of firearms. [This restricton is being imposed based on the preponderance of the order/judgment. 4 evidence of probability and not of evidence of certainty, i.e., beyond a reasonable doubt; and as such, it is not to be construed as an intermediate sancton]. Given the nature of the allegatons and the other circumstances peculiar to this case, the pettoner shall surrender all weapons, firearms, and ammuniton, if any, along with the arms license to the concerned authority within fiPeen days and inform the Investgator of the compliance. However, subject to the Indian Arms Act, 1959, the pettoner shall be enttled to renew and reclaim them in case of acquitial in this case, provided otherwise permissible under the concerned rules. Restrictng firearms would instll confidence in the victm(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeatng the offense.

¶21The conditons mentoned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense and also to block the menace of drug abuse. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Petton (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that "The bail conditons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportonal to the purpose of imposing them. The courts, while imposing bail conditons must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditons that would result in the deprivaton of rights and libertes must be eschewed."

¶22In case the Investgator/Officer-In-Charge of the concerned Police Staton arraigns another secton of any penal offense in this FIR, and if the new secton prescribes a maximum sentence that is not greater than the sectons mentoned above, then this bail order shall be deemed to have also been passed for the newly added secton(s). However, suppose the newly inserted sectons prescribe a sentence exceeding the maximum sentence prescribed in the sectons mentoned above; then, in that case, the Investgator/Officer-In-Charge shall give the pettoner notce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶23In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP

(Crl) 12225-2024, Hon'ble Supreme Court holds in Para 7, "It goes without saying that if the pettoner is found involved in such like offence in future, the concession of bail granted to him today will liable to be withdrawn and the pettoner is bound to face the necessary consequences."

¶24This bail is condi#onal, and the founda#onal condi#on is that if the pe##oner indulges in any non-bailable offense, the State may file an applica#on for cancella#on order/judgment. 5 of this bail before the Sessions Court, which shall have the liberty to cancel this bail.

¶25Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶26A certfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pettoner can download this order along with case status from the official web page of this Court and atiest it to be a true copy. If the atiestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for atiestng bonds.

¶27Pe22on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.04.2025 Jyot-II Whether reportable: No. order/judgment. 6

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 03.04.2025 Pronounced on: 28.04.2025 Amandeep Singh @ Badshah ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. J.K. Singla, Advocate and Ms. Shivani Singla, Advocate, for the pettoner. Ms. Navreet Kaur Barnala, AAG, Punjab. ****