Binder Singh vs State of Punjab

M.L. Koul, J. (Oral)

Binder Singh seeking bail within the provisions of Section 439 Cr.P.C. in crime No. 58 dated 18.8.1996 registered with Police Station Rama, District Bhatinda under Section 15 of the N.D.P.S. Act, submits that he is an innocent person and all the formalities with regard to the seizure of the poppy husk weighing 25 kgs from his possession have not been fulfilled by the investigation officer at the time the so called poppy husk was recovered from him. The petitioner is alleged to have been carrying 25 Kgs of poppy husk in a bag which was seized by the police upon a raid. Soon after the investigation took place and by now it is expected that a challan might have been filed before the competent court of law. The accused was arrested on 18.8.1996 and is inside the jail for the last three months.

Mr. Bhanot, learned Deputy Advocate General (Punjab) has vehemently argued that the petitioner is an antisocial element and the crime committed by his is inrem and such people do not deserve any concession of bail and so the Legislature has rightly debarred such people for grant of bail under the provisions of N.D.P.S. Act.

This argument of Mr. Bhanot is rebutted by Mr. Chopra saying that there is no proof available on the file that the petitioner is a regular smuggler of Narcotic substances. Neither he is a previous convict nor his antecedents are bad which disentitled him to get the bail. According to him all the witnesses to be examined by the prosecution with regard to the incident are police personnel and in no manner they are expected to toe the line of the accused or could be won over by him.

No doubt, a great menace of smuggling of Narcotic substances is in rise in both the States of Punjab and Haryana and many cases take place under the provisions of N.D.P.S. Act in spite of severe punishment under the law awarded to the convicts.

However, the courts are not only to go by the rigors of the law as laid down in this regard and are also not expected to be judicious. They have to exercise their discretion all along on the merits of each case judicially. Natural justice demands that the courts should be judicial and every matter is to be considered on its peculiar merits with a view that proper justice is meted out by the people involved in such crimes.

In the case on hand the accused is alleged to have been carrying with him 25 Kgs of poppy husk which has been recovered from him and that too upon a raid conducted by the police. There is no proof available that the petitioner is a previous convict or bears a past criminal record.

The petitioner is in custody for the last three months and he is not supposed to remain in jail as a matter of punishment unless he is put to trial and the guilt is brought home to him.

Having regard to the concept of natural justice and the principle of judicial functioning as discussed above, I feel that it is a good case where the bail can be granted to the accused. Hence, he is ordered to be released on bail in the amount of Rs. 40,000/ with one surety and personal recognizance bond in the like amount to the satisfaction of C.J.M., Bhatinda.

The petitioner is further directed to surrender his passport to the Superintendent of Police concerned and shall not leave the territorial jurisdiction of the trial Court without the prior permission of the trial Court.