Nirmala v. State of Punjab
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Aldrin ZothanmawiaNirmala v. State of Punjab
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Aldrin ZothanmawiaNeutral Citation No:=2022:PHHC:031394
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
207
CRM-M-35082-2021
Date of decision: 23.03.2022
NIRMALA .....Petitioner
Versus
STATE OF PUNJAB .....Respondent
CORAM: HON'BLE MR. JUSTICE SANT PARKASH
Present : Mr. Gurpal Singh Sandhu, Advocate
for the petitioner.
Mr. V.G.Jauhar, Senior DAG, Punjab
for the respondent-State.
****
SANT PARKASH, J. (ORAL)
(The case has been taken up for hearing through video
conferencing.)
Prayer in this petition filed under Section 439 of the Code
of Criminal Procedure, 1973 is for grant of regular bail to the petitioner,
in case, FIR No. 149 dated 31.07.2021 registered under Sections 22(b),
27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985
(for short 'the NDPS Act') at Police Station City Malout, District Sri
Muktsar Sahib.
As per the prosecution version, on 31.07.2021, the police
party headed by ASI Satwant Singh in a private car while going for
patrolling purposes apprehended the petitioner and his co-accused
namely Lakhpreet Singh and Sukhwinder Singh. On search recovery of
commercial quantity of contraband i.e. 12 vials of Omerex, 400 tablets
Tramadol and 150 tablets of Carisoprodol was made from all the three
accused persons. Drug money of an amount of Rs. 1,26,000/- was also
recovered from the present petitioner.
I have heard learned Counsel for the parties and gone
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through the case file.
Learned Counsel for the petitioner has argued that only 2
bottles of Omerex and 50 tablets of Carisoma and Rs. 1,26,000 were
allegedly recovered from petitioner. Apart from the said recovery,
nothing else was recovered from the petitioner. No independent witness
was joined by the police party during the alleged recovery. The
mandatory provisions of the NDPS Act were not complied with.
The petitioner is not involved in any other case under the NDPS Act.
Challan in the present case has already been filed. The petitioner is in
custody since 31.07.2021. Trial is likely to take long time. No useful
purpose will be served by keeping the petitioner in custody. Therefore,
the petitioner may be ordered to be released on regular bail.
Learned Counsel for the petitioner has tried to make out
case for grant of bail on the ground that the alleged recovery of
contraband is to be taken individually and not jointly and the same falls
under non-commercial quantity. In support of his arguments, he relies
upon judgment passed by Hon'ble Supreme Court in case titled as
'Amarsing Ramjibhai Barot Vs. State of Gujarat' 2005(3) Apex
Criminal 326.
On the other hand, learned State Counsel has submitted
that the petitioner is accused of having committed serious offences. In
view of the nature of accusation and gravity of the offences, the
petitioner does not deserve grant of regular bail. Therefore, the petition
may be dismissed.
In compliance to the order dated 11.02.2022, reply by way
of affidavit of Jaspal Singh Dhillon, PPS, Deputy Superintendent of
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Police, Sub-Division Malout, District Sri Muktsar Sahib has been filed
in the Registry which is taken on record.
In para No. 2 of the reply, detail of the recovery from all
the three accused has been mentioned which is as under :-
Recovery detail in respect of accused Lakhpreet Singh
Salt FSL report Recovery Total Qty.
Tramadol 98.96 mg 200 tablets 19.792 grams
Hydrochloride
Chlorpheniramine 3.93mg/5ml 5 vials 19.65 mg.
Maleate
Codeine 9.86/5 ml 5 vials 49.30 mg.
Phosphate
Carisoprodol 349.01 mg 50 tablets 17.450 grams
Recovery detail in respect of accused Sukhwinder Singh
Salt FSL report Recovery Total Qty.
Tramadol 98.99 mg 200 tablets 19.798 grams
Hydrochloride
Chlorpheniramine 3.91mg/5ml 5 vials 19.55 mg.
Maleate
Codeine 9.87/5 ml 5 vials 49.35 mg.
Phosphate
Carisoprodol 348.87 mg 50 tablets 17.443 grams
Recovery detail in respect of accused Nirmala (petitioner)
Salt FSL report Recovery Total Qty.
Chlorpheniramine 3.91mg/5ml 5 vials 19.55 mg.
Maleate
Codeine 9.88/5 ml 5 vials 49.4 mg.
Phosphate
Carisoprodol 349.05 mg 50 tablets 17.452 grams
In case Amarsingh Ramjibhai Barot (Supra) as relied
upon by learned Counsel for the petitioner, Hon'ble Supreme Court has
held that quantity of contraband carried by both the accused could not
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be added to bring it within meaning of commercial quantity and Section
29 will not be attracted.
In the present case, the recovery effected from all the three
accused if taken/carried out individually then the recovery can be
concluded to be non commercial.
Having considered the facts and circumstances of the case
and the above referred judicial precedent, recovery of the contraband
from all the three accused taken individually is non commercial, the
period of custody of the petitioner, challan in the present case already
been presented, custodial interrogation of the petitioner not required for
effecting any recovery and the fact that the trial is likely to take long
time due but without expressing any opinion on the merits of case, the
petition is allowed and the petitioner is ordered to be released on
regular bail on furnishing of personal and surety bonds to the
satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate
concerned.
However, nothing stated hereinabove would be construed
as an expression of opinion on the merits of the case.
(SANT PARKASH)
23.03.2022 JUDGE
kavneet singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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