Arvind Singh Sangwan, J
CRM-19776-2021 For the reasons stated in the application, same is allowed. Annexures P-3 & P-4 are taken on record and exemption sought is
granted.
CRM stands disposed of.
CRM-M-1730-2021 Prayer in this petition is for grant of regular bail in FIR No.69 dated 26.05.2020 under Section 15/61 of NDPS Act, registered at
Police Station Titram, District Kaithal.
In virtual Court Learned counsel for the petitioner relies upon the order dated 06.07.2021, vide which six co-accused of the petitioner, namely Satish
Kumar, Vinod Kumar, Lakhwinder Singh @ Lucky, Resham Singh, Nazeem Khan @ Jimmi and Dashrath Singh have been granted the concession of
regular bail. The operative part of the order reads as under: -
...Facts of the case Brief facts of the case are that the FIR was registered at the instance of Ram Kumar, ASI STF Unit, Ambala while sending
information under Section 41 of the NDPS Act that the police party, headed by him, has received a secret information that co- accused Sarvjit Singh
@ Sabli and Vipin are indulged in the business of narcotics and they are coming in a truck bearing registration number HR-64-5638 and they can be
apprehended by putting a barrier on the bridge. After sending the information, the police registered the FIR and apprehended both the accused. On
search of the vehicle, 876 Kgs. of poppy straw/husk was recovered and both of them were arrested. During investigation, these accused suffered
disclosure statements naming as many as 09 more persons as accused.
Arguments Learned counsel, appearing for petitioner Satish Kumar, submits that when co-accused were arrested on 26.05.2020 and on the next date,
they recorded their disclosure statement that they 2 of 10 In virtual Court had brought poppy husk from Madhya Pradesh and had to supply the same
to one Jain r/o Nirwana, Vinod r/o Cheeka, Suresh and his brother r/o village Karodan.
Learned counsel further submits that thereafter, the police recorded the second disclosure of accused Sarvjit Singh @ Sabli, in which the name of the
petitioner figured as a person, who was to receive some amount of the poppy husk and thereafter, the petitioner was arrested on 25.06.2020, however,
no narcotic was recovered from him. It is further submitted that in pursuance to second disclosure, suffered by accused Sarvjit Singh @ Sabli, no
evidence has come forward to corroborated the same.
Learned counsel further submits that as per this disclosure, one Yusuf Khan and Arif @ Pappu were said to be the supplier of the poppy husk and
later on, they were also nominated and arrested.
It is further submitted that till date, charges have not been framed and total 49 prosecution witnesses are cited and the petitioner was granted interim
bail for three days for attending the marriage of his sister and after availing the same, he has surrendered back and has not misused the same.
Learned counsel further submits that similarly situated co- accused, namely Rahul @ Gurlal Singh, who was also nominated on the disclosure
statement of accused Sarvjit Singh @ Sabli and 3 of 10 In virtual Court Vipin, has already been granted concession of regular bail, vide order dated
18.02.2021 passed by a Co-ordinate Bench in noticing the fact that the challan has been presented and no narcotic substance was recovered from him
and the only evidence against him is the disclosure statement of the co- accused.
Learned counsel, appearing for petitioner Vinod Kumar, submits that after his name surfaced in the disclosure statement of aforesaid two co-accused,
the petitioner was arrested, however, nothing was recovered from him. Learned counsel further submits that even during investigation, the police has
taken the details of the bank account and nothing was found showing that any transaction has taken place from the bank account of the petitioner.
It is further submitted that the petitioner is a chronic eye patient and is taking treatment of his right eye, for which, he has already been operated due
to loss of eye sight.
Learned counsel further argues that petitioner is in judicial custody for the last about 11 months and though he was previously convicted for possessing
small quantity of contraband in the year 2010, however, except that he is not involved in any other case.
Learned counsel, appearing for petitioners Lakhwinder Singh @ Lucky and Resham Singh, submits that petitioners are the In virtual Court brothers of
co-accused Rahul @ Gurlal Singh, who has already been granted concession of regular as noticed above. It is further submitted that the case of the
petitioners are on the similar footing to that of co-accused Rahul @ Gurlal Singh as he was also nominated on the disclosure of co-accused.
Learned counsel further submits that the petitioners are carrying on their separate business in Gujarat and have no antecedents of involvement in any
other case.
Learned counsel, appearing for petitioner Nazeem Khan, argues that the petitioner is a juvenile in conflict with law, aged bout 15 years, and was a
student of 7th Standard at the time when he was arrested.
Learned counsel further submits that except the disclosure of co-accused, there is nothing on record to suggest that petitioner played any active role.
It is further submitted that Juvenile Justice Board as well as Additional Sessions Judge have wrongly declined the concession of regular bail to the
petitioner as the maximum punishment under the Act is three years and the petitioner has already undergone custody of about 01 year and 01 month
and he is not involved in any other case.
Learned counsel further submits that the only allegation against the petitioner is that main accused used to call him on his In virtual Court mobile
phone.
Learned counsel, appearing for petitioner Dashrath Singh, submits that petitioner has been declared a juvenile in conflict with law by the Juvenile
Justice Board, vide order dated 01.10.2020 as he was less than 18 years of age.
It is further argued that even from this petitioner, no contraband was recovered and the allegations are that petitioner has given a SIM to one Kuldeep.
Learned State counsel has filed the custody certificate of all the accused/petitioners giving details of judicial custody undergone by them. It is not
disputed that co-accused Rahul @ Gurlal Singh has already been granted concession of regular bail as noticed above.
In reply to arguments, raised on behalf of petitioner Satish Kumar, learned State counsel submits that recovery from the main accused was of
commercial quantity and as per disclosure of co- accused Sarvjit Singh @ Sabli, the petitioner has given Rs. 2 Lakh for supply of poppy husk and he
was involved in one more case, however, he stands acquitted in that case and now no case is pending against him except the present FIR.
Learned State counsel, in reply to arguments raised on behalf of petitioner Vinod Kumar, submits that the petitioner has given Rs. 54,000/- in favour of
co-accused Sarvjit Singh @ Sabli to In virtual Court bring poppy husk from another accused Dashrath Singh (a juvenile from Madhya Pradesh).
In reply to argument, raised on behalf of petitioners Lakhwinder Singh @ Lucky and Resham Singh, learned State counsel submits that they are the
brothers of co-accused Rahul @ Gurlal Singh and Resham Singh has transferred Rs. 20,000/- in the bank account of co-accused Rakesh and both the
petitioners have paid cash amount to main accused.
Learned State counsel, in reply to arguments raised on behalf of Nazeem Khan @ Jimmi, could not dispute that he is a juvenile in conflict with law,
however, submits the Board has rightly formed an opinion that if he is released on bail, there is a likelihood that he may be exposed to moral, physical
and psychological danger as it has come in the report of special investigation that he was influenced by his friends to indulge in this business and being
a resident of Madhya Pradesh, he may flee away from the justice.
In reply to arguments, raised on behalf of petitioner Dashrath Singh, learned State counsel submits that though he has been declared a juvenile in
conflict with law, however, releasing him may expose him again to activities of involvement in drug business.
Order In virtual Court After hearing learned counsel for the parties and going through the material on record, it is apparent that all the accused,
including two juveniles, are in judicial custody for the last more than one year; they are not facing any other trial under the NDPS Act; there are 48
prosecution witnesses, however, till date, only the charges have been framed; all the accused have been nominated on the disclosure of two main
accused and one of the accused, namely Rahul @ Gurlal Singh, has already been granted concession of regular bail, vide order dated 18.02.2021,
therefore, considering the submissions made by all the learned counsel for the petitioners and also in view of the judgment rendered by Hon'ble
Supreme Court in Tofan Singh vs. State of Tamil Nadu, 2013 (9) SCR 962, it is yet to be established that if the disclosure of a co-accused is
admissible against another accused or not, I find that the petitioners, including both the juveniles, are entitled to get the concession of regular bail as it
would not be in the interest of justice to keep them behind bars as they have undergone considerable custody, the petitions, bearing CRM-M Nos.
41104 of 2020, 3550 & 8581 of 2021, are allowed and petitioners Satish Kumar, Vinod Kumar, Lakhwinder Singh @ Lucky and Resham Singh are
granted concession of regular bail, subject to their furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
In virtual Court Accordingly, the revision petitions, bearing CRR Nos. 1191 & 1325 of 2020, are also allowed and while setting aside the impugned
orders, passed by the Courts below, petitioners Nazeem Khan @ Jimmi and Dashrath Singh are granted concession of regular bail, subject to their
furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned."" For the sake of brevity, facts are not reproduced again.
Learned counsel for the petitioner submits that the petitioner was also arrested on the basis of disclosure statement suffered by co-accused, who have
already been released on regular bail and only allegation against the petitioner is that he has deposited Rs.30,000/- in the account of co-accused
Rakesh. It is further submitted that as on today, the petitioner is in custody for the last about 01 year and 01 month. It is also submitted that the
petitioner is involved in one more case under NDPS Act for small quantity, however, he is on bail in the said case.
Learned State counsel, on instructions from the Investigating Officer, has not disputed the factual position, however, it is submitted that next date
before the trial Court is 22.07.2021 for framing of charge and out of total 49 prosecution witnesses, none has been examined till date.
After hearing learned counsel for the parties, without commenting anything on merits of the case and considering the aforesaid submissions made by
them and the fact that six co-accused of the petitioner have already been released on regular bail, this petition is allowed and the petitioner is directed
to In virtual Court be released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty
Magistrate, concerned.
Petition is disposed of.
