- Court
- High Court of Punjab and Haryana
- Decided
- 18 October 2024
- Bench
- Jasjit Singh Bedi
- Case no.
- CRM-M 44068/2024
Judgment
CRM-M-44068-2024 #1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRM-M-44068-2024 Date of Decision:-18.10.2024 Ranbeer Singh. ......Petitioner. Versus State of Punjab. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Karandeep Singh Sidhu, Advocate for the Petitioner. Mr. Rohit Bansal, Sr. DAG Punjab. *** JASJIT SINGH BEDI, J. (ORAL) The Prayer in this second petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.149 dated 31.05.2021 under Sections 22 of the NDPS Act and Sections 15, 15-B, 15-C, 22(c), 27-A, 29 of the NDPS Act added later on registered at Police Station Sadar Fazilka, District Fazilka.
2. The present FIR came to be registered on the basis of secret information received by the police to the effect that one Gurcharan Singh @ Channu indulges in sale of intoxicant tablets. Pursuant to receipt of the said information, Gurcharan Singh @ Channu was arrested by the police and as many as 1050 intoxicant tablets were recovered from him. The said recovered tablets were found to contain "Tramadol". It is further the case of the prosecution that during the course of interrogation the said Gurcharan VINAY MAHSAJiAnNgh @ Channu disclosed that he had procured the said tablets from CRM-M-44068-2024 #2 Ravinder Singh @ Ravi. Upon arrest of the said Ravinder Singh @ Ravi, 115350 intoxicant tablets apart from 51Kgs of poppy husk and a cash amount of Rs.1.77 lacs was recovered. On interrogation of Ravinder Singh @ Ravi he disclosed that he along with his father Mang Singh (granted bail vide order dated 06.12.2021 in CRM-M-50270-2021) his brother Bittu @ Sukhwinder Singh (since granted bail by Hon'ble Supreme Court in Crl Appeal No.1204 of 2024 Arising out of SLP (Crl No.883 of 2024 Decided on 26.02.2024) and Ranbeer Singh-petitioner used to purchase the contraband from Kulbir Singh @ Giani (since granted bail vide order dated
01.08.2024 in CRM-M-18337-2024).
3. The learned counsel for the petitioner contends that the petitioner had been falsely implicated in the present case. He contends that the name of the petitioner figured in the disclosure statement of his co-accused, namely, Ravinder @ Ravi. Pursuant to his arrest, no recovery whatsoever had been effected. Reliance is placed on the judgments in the cases of Tofan Singh Versus State of Tamil Nadu, 2020 AIR (Supreme Court) 5592, Rakesh Kumar Singla Versus Union of India, 2021(1) RCR (Criminal) 704, Surinder Kumar Khanna Versus Intelligence Officer Directorate of Revenue Intelligence, 2018(3) RCR (Criminal) 954, State by
(NCB) Bengaluru Versus Pallulabid Ahmad Arimutta & Anr. 2022(1) RCR (Criminal) 762, Sanjeev Chandra Agarwal & Anr. Versus Union of India 2021(4) RCR (Criminal) 590, Vijay Singh Versus The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s).1266/2023 decided on 17.05.2023, State of Haryana versus Samarth Kumar 2022 (3) RCR (Criminal) 991 and Vikrant Singh Versus State of Punjab, CRM-M-39657- 2020.", wherein it has been held that the accused can be granted the concession of regular bail where he has been named in the disclosure CRM-M-44068-2024 #3 statement of his co-accused and there is no other corroborative evidence against the accused. As the petitioner was in custody since 16.05.2023 and only 02 out of 19 prosecution witnesses had been examined so far, he was entitled to the concession of bail, even though he was an undertrial in 01 case arising out of FIR No.23 dated 23.04.2023 under Section 15/29/25/61/85 NDPS Act P.S. Khuhi Khera, moreso when his two co-accused, namely, Mangh Singh had been granted the concession of regular bail vide order 06.12.2021 passed in CRM-M-50270-2021(O&M) even though there were two other cases bearing FIR No.86 dated 17.10.2022 under Section 15/18/29/61/85 NDPS Act P.S. City 2 Abohar and FIR No.75 dated 26.05.2022 under Section 22 C/29/61/85 NDPs Act P.S. Kabarwala pending against him and Kulvir Singh @ Giani had been granted bail vide order dated 01.08.2024 in CRM-M-18337-2024, and co-accused Bittu @ Sukhwinder had been granted bail by the Hon'ble Supreme Court though there were 02 other cases pending against him.
4. The learned counsel for the respondent-State, on the other hand, contends that in view of the serious allegations levelled against the petitioner, he was not entitled to the grant of bail. He was an undertrial in one other case bearing FIR No.23 dated 23.04.2023 under Section 15/29/25/61/85 NDPS Act P.S. Khuhi Khera. He, however, concedes that the petitioner had been named in the disclosure statement, was in custody since 16.05.2023 and only 02 out of 19 prosecution witnesses had been examined so far as also the fact that co-accused, namely, Mangh Singh and Kulvir Singh @ Giani had been granted the concession of regular bail by this Court and Bittu @ Sukhwinder by the Hon'ble Supreme Court.
5. I have heard the learned counsel for both the parties at length.
¶6The Hon'ble Supreme Court in the case of State of Haryana CRM-M-44068-2024 #4 Versus Samarth Kumar (supra), held as under:- "4. The High Court decided to grant pre-arrest bail to the respondents on the only ground that no recovery was effected from the respondents and that they had been implicated only on the basis of the disclosure statement of the main accused Dinesh Kumar. Therefore, reliance was placed by the High Court in the majority judgment of this Court in Tofan Singh v. State of Tamil Nadu reported in (2021) 4 SCC 1.
¶5But, it is contended by the learned Additional Advocate General appearing on behalf of the State of Haryana that on the basis of the anticipatory bail granted to the respondents, the Special Court was constrained to grant regular bail even to the main accused-Dinesh Kumar and he jumped bail. Fortunately, the main accused-Dinesh Kumar has again been apprehended. According to the learned Additional Advocate General, the respondent in the second of these appeals is also a habitual offender.
¶6Learned counsel appearing on behalf of the respondent in the first of these Appeals contends that the State is guilty of suppression of the vital fact that the respondent was granted regular bail after the charge-sheet was filed and that therefore, nothing survives in the appeal. But,we do not agree.
¶7The order of the Special Court granting regular bail to the respondents shows that the said order was passed in pursuance of the anticipatory bail granted by the High Court. Therefore, the same cannot be a ground to hold that the present appeals have become infructuous.
8. In cases of this nature, the respondents may be able to take advantage of the decision in Tofan Singh v. State of Tamil Nadu (supra), perhaps at the time of arguing the regular bail application or at the time of final hearing after conclusion of the trial.
¶9To grant anticipatory bail in a case of this nature is not really warranted. Therefore, we are of the view that the High Court fell into an error in granting anticipatory bail to the CRM-M-44068-2024 #5 respondents.
¶10In view of the above, the appeals are allowed. The impugned orders are set-aside. As a consequence, the Appellant-State is entitled to take steps, in accordance with law. [emphasis supplied] In Vijay Singh Versus The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s).1266/2023 decided on 17.05.2023, it was held as under:- " The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act". His application for anticipatory bail was rejected by the High Court. The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) was recovered from the co-accused. The petitioner concededly was not present at the spot but was named by the co-accused. That apart there is no other material to implicate the petitioner. The prosecution urges that another case with allegations of commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those proceedings he was granted bail. Having regard to these circumstances, the petitioner is directed to the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is allowed. All pending applications are disposed of." (emphasis supplied) The Hon'ble Supreme Court in the case of State by (NCB) Bengaluru Vs. Pallulabid Ahmad Arimutta & Anr. (supra), held as under:- " 9. Having gone through the records alongwith the tabulated statement of the respondents submitted on behalf of the petitioner-NCB and on carefully perusing the impugned orders passed in each case, it emerges that except for the voluntary statements of A-1 and A-2 in the first case and that of the respondents themselves recorded under Section 67 of the NDPS Act, it appears, prima facie, that no substantial material was available CRM-M-44068-2024 #6 with the prosecution at the time of arrest to connect the respondents with the allegations levelled against them of indulging in drug trafficking. It has not been denied by the prosecution that except for the respondent in SLP (Crl.) No. 1569/2021, none of the other respondents were found to be in possession of commercial quantities of psychotropic substances, as contemplated under the NDPS Act.
10. It has been held in clear terms in Tofan Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1, that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. In the teeth of the aforesaid decision, the arrests made by the petitioner-NCB, on the basis of the confession/voluntary statements of the respondents or the co-accused under Section 67 of the NDPS Act, cannot form the basis for overturning the impugned orders releasing them on bail. The CDR details of some of the accused or the allegations of tampering of evidence on the part of one of the respondents is an aspect that will be examined at the stage of trial. For the aforesaid reason, this Court is not inclined to interfere in the orders dated 16th September, 2019, 14th January, 2020, 16th January, 2020, 19th December, 2019 and 20th January, 2020 passed in SLP (Crl.) No@ Diary No. 22702/2020, SLP (Crl.) No. 1454/2021, SLP (Crl.) No. 1465/2021, SLP (Crl.) No. 1773-74/2021 and SLP (Crl.) No. 2080/2021 respectively. The impugned orders are, accordingly, upheld and the Special Leave Petitions filed by the petitioner-NCB seeking cancellation of bail granted to the respective respondents, are dismissed as meritless. This Court in the case of Vikrant Singh Versus State of Punjab, CRM-M-39657-2020, held as under:- " It is not in dispute that the petitioners have not been named in the FIR. No recovery has been effected from the petitioners and the alleged recovery has been effected from two co-accused Rakesh Sharma and Ravdeep Singh alias Sheru. The CRM-M-44068-2024 #7 petitioners are sought to be implicated solely on the basis of the disclosure statement made by the co-accused Rakesh Sharma and Ravdeep Singh @ Sheru and even after the petitioners were arrayed as accused in pursuance of the disclosure statements, no recovery had been made from the petitioners. The petitioners have been in custody since 06.11.2020 (Vikrant Singh), 05.12.2020 (Subash Chander) and 23.04.2021 (Davinder Singh) and challan in the present case has already been presented and there are 32 witnesses, out of whom only one has been examined and thus, the trial is likely to take time on account of Covid-19 Pandemic. The petitioners are not involved in any other case. With respect to the call details, suffice to say that no dates on which the said calls had been allegedly made by the co-accused, Rakesh Sharma and Ravdeep Singh alias Sheru to the petitioners or vice-versa have been mentioned in the affidavit or in the report under Section 173 Cr.P.C. Moreover, even the transcript of the said conversations are not a part of the record under Section 173 Cr.P.C. A Division Bench of this Court in Narcotics Control Bureau's case (supra), was pleased to observe as under:- Still further, no conversation detail between accused Ramesh Kumar Patil and accused Sandeep has been produced by the prosecution. Mere call details is not sufficient to prove that Sandeep accused was also involved in the business of narcotic drugs or he had any connected with Ramesh Kumar Patil. In view of the above, no case is made out for grant of leave to appeal against the acquittal of Sandeep accused." In judgment of the Gujarat High Court in Yash Jayeshbhai Champaklal Shah's case (supra), it has been observed as under:- "Having heard learned advocates for the appearing parties, it emerges on record that the applicant is not found in possession of any contraband article. Over and above that, the call data records may reveal that in an CRM-M-44068-2024 #8 around the time of incident, he was in contact with the co-accused who were found in possession of contraband. Since there is no recording of conversation in between the accused, mere contacts with the co-accused who were found in possession cannot be treated to be a corroborative material in absence of substantive material found against the accused." A perusal of the above judgment would show that without the transcript of the conversations exchanged between the co-accused, mere call details would not be considered to be corroborative material in absence of substantive material found against the accused. In the present case, there is no other material against the petitioners. Keeping in view the above-said facts and circumstances, as well as law laid down in the judgments noticed hereinabove, the present petitions are allowed and the petitioners are ordered to be released on bail on their furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate and subject to their not being required in any other case. (emphasis supplied)
¶7A perusal of the aforementioned judgments would show that bail can be granted to an accused where he has been named in a disclosure statement of his co-accused but there is no recovery from him on his arrest and the CDRs do not disclose the actual conversation that transpired between the accused from whom the recovery was effected and the one named in the disclosure statement.
¶8In the instant case, the petitioner is named in the disclosure statement of his co-accused. He is in custody since 16.05.2023 and only 02 of the 19 prosecution witnesses have been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. Hence, the further incarceration of the petitioner is not required as a prima facie satisfaction under Section 37 NDPS can be recorded in the aforementioned CRM-M-44068-2024 #9 factual scenario.
7. Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Ranbeer Singh son of Sh. Balkar Singh is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned.
8. The petitioner shall appear on the first Monday of every month before the local police station till the conclusion of the trial and furnish an affidavit each time that he is not involved in any crime other than the case(s) mentioned in this order.
9. In addition, the petitioner (or anyone else on his behalf) shall prepare an FDR in the sum of Rs.2,00,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from Trial without sufficient cause.
10. The petition stands disposed of. ( JASJIT SINGH BEDI ) JUDGE October 18, 2024
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.