Sukhwinder Singh @ Chhinda vs State of Punjab

Sat Pal, J. (Oral)

This petition has been filed under Section 439 of the Code of Criminal Procedure seeking bail pending trial in case FIR No. 56 of 1995, registered at Police Station Chabal, District Amritsar, under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985. Notice of this petition was issued to the Advocate General, Punjab on 28th July, 1995 and the case was adjourned to 4th September, 1995 on that date. During the pendency of the petition the petitioner filed an application bearing Crl. Misc. No. 15742 of 1995 seeking permission of the Court for placing on record the additional grounds of bail. The additional ground taken on behalf of the petitioner was that the case was still before the Illaqa Magistrate, who has been granting the remand of the petitioner though a period of more than 15 days has already passed from the date when the initial remand was granted by the learned Illaqa Magistrate. This application was allowed on 15th September, 1995 and the petitioner was permitted to urge the said additional ground.

On 22nd September, 1995, during the course of arguments, the learned AAG, on instructions from Head Constable Charanjit Singh submitted that the case was before the Designated Court and not before the Illaqa Magistrate and in view of this statement the case was adjourned to 4th October, 1995 and the learned AAG was directed to produce the proof with regard to the fact that the case was now before the Designated Court. Thereafter the case came up for hearing on 4th October, 1995 and it was adjourned for today. Meanwhile another application bearing Crl. Misc. No. 16933M of 1995 was filed on behalf of the petitioner under Section 482 of the Code seeking permission of the Court to bring on record the copies of the various orders passed by the learned Judicial Magistrate and the certified copy of the order dated 16th September, 1995 shows that the case was adjourned to 30th September, 1995 by the Judicial Magistrate I Class. This application has also been allowed today.

Relying on the facts stated hereinabove, the learned counsel for the petitioner submits that there is a clear violation of Section 36A of the Act as the remand has been granted by the learned Illaqa Magistrate for a period exceeding fifteen days and the case is still being dealt with by the learned Illaqa Magistrate. Mr. Garg, the learned AAG has brought to my notice photo copy of the order dated 7th October, 1995 passed by the Chief Judicial Magistrate, Amritsar.

The relevant portion from this order is reproduced hereinbelow;

"Heard. Mrs. Ramesh Kumari, learned Illaqa Magistrate is on maternity leave. In order to expedite commitment of the case to the learned Sessions Court, the Criminal challan arising out of FIR No. 56 dated 9.5.1995, u/s 18 of the NDPS Act, PS Jhabal, pending in the court of Mrs. Ramesh Kumari, Judicial Magistrate 1st Class, Tarn Taran is withdrawn from her court and transferred to the court of Shri Hukam Chand, learned Sub Divisional Judicial Magistrate, Tarn Taran, for disposal according to law."

From a bare reading of the order dated 7th October, 1995, it is clear that the case of the petitioner is still being dealt with by the Judicial Magistrate and not by the Designated Court. This order further shows that Head Constable Charanjit Singh had given incorrect instructions to the learned AAG, Punjab, on 22nd September, 1995.

Keeping in view the facts stated hereinabove I am of the opinion that it is a fit case for grant of bail. Accordingly, I direct that the petitioner shall be released on bail on furnishing bailbond in the sum of Rs. 25,000/ with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Amritsar. The observations made by me hereinabove shall not have any bearing on the merits of the case.

I further direct that a copy of this order be sent to the Senior Superintendent of Police, Tarn Taran for information and to take necessary action against the Head Constable, who had supplied false and incorrect information to the learned AAG, Punjab on 22.9.1995.