Sukhdev Singh vs Narcotics Control Bureau, Sub Zone Mandi, District Mandi, H.P.

Satyen Vaidya, J

Petitioner is an accused in case registered under Sections 8, 20, 29 & 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘ND&PS Act’) vide Crime No.75 of 2022, dated 05.11.2022, by the Narcotics Control Bureau (for short NCB), Sub Zone, Mandi District Mandi H.P. Petitioner is facing trial along with his co-accused before learned Special Judge, Mandi in a case titled NCB vs. Sukhdev Singh and others (CIS Registration No. 47/2023).

The allegation of the prosecution is that the NCB had received a secret information on 04.11.2022 with respect to petitioner along with his co-accused being involved in trafficking of Charas and their proposed travel on 05.11.2022 from District Kullu to Patiala (Punjab) in white coloured car bearing registration No. PB-13-AR-7929 with huge quantity of Charas.

The officials of NCB with assistance of local police of Police Station Sadar, District Mandi had allegedly laid a Naka at Bhiuli Chowk, Mandi on 05.11.2022. The above noted car was intercepted at about 8.00 A.M. The petitioner was found driving the car, whereas his co-accused Maja Ram and Harneet Kaur were found occupying front passenger and rear seat respectively. The car was checked/searched. Since, nothing was found from initial search, the officials of NCB suspected the concealment of contraband in some cavity of the vehicle. The car was taken to a mechanic and with his help, the Charas weighing 8.742 Kgs. was recovered from a cavity in the vehicle.

It is also the case of prosecution that a few more persons are involved in the crime, but they had absconded. The prosecution had been launched against the petitioner and two other accused found inside the car, whereas, liberty has been reserved to file supplementary challan against other accused as and when apprehended.

The prayer for grant of bail has been made on the ground that despite the prolonged custody of petitioner since 05.11.2022, the trial has not concluded.

The status report filed by the respondents reveals that the petitioner is facing charge of being in conscious possession of huge quantity of Charas weighing 08.742 Kgs. The prosecution is relying upon 11 witnesses, out of whom, 4 have already been examined.

An apprehension has been expressed that in case of release of petitioner on bail, he may abscond to avoid the consequences of his probable conviction.

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

The petitioner filed bail application Cr.MP(M) No.1214 of 2024 before this Court. However, the said application was later withdrawn by the petitioner on 12.07.2024. Thereafter, the petitioner filed another bail application for grant of bail being Cr.MP(M) No.2360 of 2024, which came to be dismissed by this Court on 29.11.2024.

While dismissing the earlier bail application of petitioner Cr.MP(M) No.2360 of 2024), this Court had taken into account the factum of petitioner being an accused in two more cases registered in different Police Stations in the State of Punjab under ND&PS Act. Taking into account the allegation of recovery of huge quantity of contraband from the petitioner in the instant case, this Court had formed an opinion that the petitioner might be involved in dangerous drug trade, which is causing serious erosion in the societal fabric and ultimately, the very security and integrity of the Nation. Thus, it was found that in view of the criminal history of petitioner, the possibility of petitioner fleeing from course of justice, in case released on bail, could not be ruled out.

The aforesaid factors had weighed with this Court to decline prayer for bail; as against the right of bail canvassed by the petitioner on account of delay in the trial.

Now, this Court has been informed that the petitioner has been convicted and sentenced in both the cases which were taken into consideration by this Court while deciding Cr.MP(M) No. 2360 of 2024. In one of the matters, the petitioner has been convicted under Section 21 of the ND&PS Act and in the other for offence under Section 15 of the same Act. Thus, in my considered view, the circumstances as were considered while disposing of previous bail application, have not changed, rather, have aggravated. In available facts, again the possibility of petitioner fleeing from the course of justice cannot be ruled out, more particularly, when he is facing charge in the instant case of being in conscious possession of more than 8.00 Kgs. of Charas.

Keeping in view small number of remaining prosecution witnesses, it is expected from the learned trial Court that the trial shall be expedited.

In result, I find no merit in the instant petition and the same is accordingly dismissed.

Any expression of opinion herein-above shall have no bearing on the merits of the case and shall be deemed only for the purpose of disposal of this petition.