Jagjit Singh vs State Of Haryana

Pankaj Jain, J

This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.289 dated 19.09.2023 registered for the offences punishable under Sections 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station GRP Ambala Cantt., District GRP Ambala Cantt.

Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

Petitioner has been booked after having been found to be in possession of 15 kilograms and 300 grams of poppy husk.

Counsel for the petitioner submits that its a case of false implication as the petitioner was apprehended from railway station while he was waiting for the train. Petitioner is in custody since 24th of September, 2023 and by now has undergone actual custody of more than 5 months and 4 days. The quantity recovered is intermediate. Thus, the rigors of Section 37 of the NDPS Act would not be attracted. The petitioner has clean antecedents. Investigation already stands concluded. Challan stands presented and most of the witnesses are official, thus there can’t be any apprehension that the petitioner shall tamper with the evidence.

State Counsel is not in posititon to dispute the factual assertions made by counsel for the petitioner based on record.

I have heard counsel for the parties and have gone through records of the case.

Without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner and the fact that the investigation already stands concluded and Challan stands presented, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

However, in addition to conditions that may be imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by the following conditions :-

(i) The petitioner shall not mis-use the liberty granted.

(ii) The petitioner shall not tamper with any evidence oral or documentary during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any with the trial Court.

(vi) The petitioner shall give his cellphone number to the police authorities and shall not change his cell-phone number without permission of the trial Court.

(vii) The petitioner shall not in any manner try to delay the trial.

In case of breach of any of the aforesaid conditions and those which may be imposed by the Trial Court, the prosecution shall be at liberty to move cancellation of bail of the petitioner.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.