CRM-M-62453-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-62453-2024 Reserved on: 05.02.2025 Pronounced on: 14.02.2025 Mohammad Azam @ Ganja ...Peoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Kamlesh, Advocate for the peoner. Mr. Akshay Kumar, A.A.G, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta0on Sec0ons 26 15.03.2024 City-II, Malerkotla 21/61/85 of NDPS Act 1. The peoner incarcerated in the FIR caponed above had come up before this Court under Secon 439 of Code of Criminal Procedure, 1973, seeking regular bail. 2. As per paragraph 16 of the bail applicaon the peoner has clean antecedents. 3. The facts and allegaons are taken from the status report filed by the State. On 15.03.2024, based on secret informaon, the Police seized 270 grams heroin from a packet, which was with the three accused, namely, Mohd. Azam (peoner), Azam and Sagu?a @ Bobby. The Invesgator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973. 4. Counsel for the peoner seeks bail on the grounds of parity with co-accused Sagu?a @ Shagu?a @ Bobby, who was granted bail by this Court vide order dated 29.11.2024 passed in CRM-M-34735-2024. The peoner's counsel prays for bail by imposing any stringent condions and contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 5. The State’s counsel opposes bail and refers to the status report. 6. It would be appropriate to refer to the following porons of the status report, which read as follows: 1 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-62453-2024 “12. Role of peoner That on 15.03.2024, ASI Maghar Singh along with police party in connecon with patrolling and checking of suspected persons was present at the road going towards Manna Phatak from Badi Eidgah, then he received secret informaon that the present peoner and his co-accused are indulged in the business of selling Chi-a/Heroin. Considering that informaon to be true and reliable, raid was conducted at the said relevant place and accused/peoner Mohammad Ajam @ Ganja and his co-accused were apprehended and from their conscious possession 270 gram Chi-a (heroin) was recovered. As per chemical report, the recovery of 270 gram chi-a (heroin) effected from the conscious possession of the peoner and his co-accused which falls within the ambit of commercial quanty. So, a specific role is found to be a-ributed to the peoner in the commission of present offence.” REASONING: 7. The quanty allegedly involved in this case is commercial. Given this, the rigors of S. 37 of the NDPS Act apply in the present case. The peoner must sasfy the twin condions put in place by the Legislature under Secon 37 of the NDPS Act. 8. The co-accused has already been granted bail by this Court in CRM-M-34735- 2024 Sagu?a @ Shagu?a @ Bobby v. State of Punjab, decided on 29.11.2024. Thus, the peoner is entled to bail on parity. 9. As per paragraph 8 of the bail peon, the peoner has been in custody since 15.03.2024. As per the custody cerficate dated 04.02.2025, the peoner’s total custody in this FIR is 10 months and 17 days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegaons, and the other factors peculiar to this case, there would be no jusfiability for further pre-trial incarceraon at this stage. 10. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. This order shall come into force from the me it is uploaded on this Court's official webpage. 11. Given above, provided the peoner is not required in any other case, the peoner shall be released on bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the concerned Court and due to unavailability before any 2 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-62453-2024 nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the peoner shall menon the following personal idenficaon details: 1. AADHAR number 2. Passport number (If available) and when the aIesng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 13. This order is subject to the peoner’s complying with the following terms. 14. The peoner shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 15. Given the background of allegaons against the peoner, it becomes paramount to protect the detecon staff members of society, and incapacitang the accused would be one of the primary opons unl the filing of the closure report or discharge, or acquiIal. Consequently, it would be appropriate to restrict the possession of firearms. [This restricon is being imposed based on the preponderance of the evidence of probability and not of evidence of certainty, i.e., beyond a reasonable doubt; and as such, it is not to be construed as an intermediate sancon]. Given the nature of the allegaons and the other circumstances peculiar to this case, the peoner shall surrender all weapons, firearms, and ammunion, if any, along with the arms license to the concerned authority within fi?een days of release from prison and inform the Invesgator of the compliance. However, subject to the Indian Arms Act, 1959, the peoner shall be entled to renew and reclaim them in case of acquiIal in this case, provided otherwise permissible under the concerned rules. Restricng firearms would insll confidence in the vicm(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeang the offense. 16. The condions menoned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense and also to block the menace of drug abuse. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 3 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-62453-2024 [Para 28], Writ Peon (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail condions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proporonal to the purpose of imposing them. The courts, while imposing bail condions must balance the liberty of the accused and the necessity of a fair trial. While doing so, condions that would result in the deprivaon of rights and liberes must be eschewed.” 17. In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP (Crl) 12225-2024, Hon’ble Supreme Court holds in Para 7, “It goes without saying that if the peoner is found involved in such like offence in future, the concession of bail granted to him today will liable to be withdrawn and the peoner is bound to face the necessary consequences.” 18. This bail is condi onal, and the founda onal condi on is that if the pe oner indulges in any non-bailable offense, the State shall file an applica on for cancella on of this bail before the Trial Court, which shall be at liberty to cancel this bail. 19. The concerned trial court is authorized to delete, modify, or relax any of the above condions and shall be competent to do so in accordance with the law. 20. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and aIest it to be a true copy. If the aIesng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aIesng bonds. 22. Pe00on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 14.02.2025 Jyo-II Whether speaking/reasoned: Yes Whether reportable: No. 4 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment.