CRM-M-5668-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5668-2025 Reserved on: 03.02.2025 Pronounced on: 14.02.2025 Hussan Deol Singh @ Husan Singh ...Peoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Gurpreet Singh Gurna, Advocate, for the peoner. Mr. Jasjit Singh, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 01 04.01.2025 Raja Sansi, Amritsar Rural 21, 29, 61, 85 of NDPS Act 1. The peoner apprehending arrest in the FIR caponed above has come up before this Court under Secon 482 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking ancipatory bail. 2. In paragraph 16 of the bail peon, the accused declares that he has no criminal antecedents. 3. The facts and allegaons are taken from the bail peon. On 04.01.2025, based on chance recovery, the Police seized 25 grams of heroin from the possession of co- accused Kamaldeep Singh @ Kalu. The Invesgator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023. 4. During custodial interrogaon, the main accused Kamaldeep Singh @ Kalu, confessed & peoner was nominated on the basis of disclosure statement. Based on such confession before the police, the peoner was arraigned as an accused. Apprehending arrest, he filed for ancipatory bail before the Sessions Court, which denied him bail. Feeling aggrieved, he has invoked the concurrent jurisdicon of this Court under S. 482 BNSS, 2023. 5. The peoner's counsel prays for bail by imposing any stringent condions and 1 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-5668-2025 contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner and his family. 6. Given the recovered quanty of heroin being 25 grams from co-accused, no response is required from the State. 7. However, State counsel opposes the bail and submits that in case, this Court grants bail to the peoner it should be subject to stringent condions. REASONING: 8. The evidence collected so far consists of disclosure statements. Such statements can be proven subject to the mandatory restricons imposed in S. 25 & 26 of the Indian Evidence Act, 1872/ S. 23 of BSA, 2023. 9. Given this, the rigors of S. 37 of the NDPS Act do not apply in the present case. 10. Secon 2 (vii-a) of the NDPS Act defines commercial quanty as greater than the quanty specified in the schedule. Secon 2 (xxiii-a) defines a small quanty as a quanty less than the quanty specified in the table of the NDPS Act. The remaining quanty falls in an undefined category, generally called an intermediate quanty. All secons in the NDPS Act specify an offence and menon the minimum and maximum sentence, depending upon the quanty of the substance. The commercial quanty mandates a minimum sentence of ten years of imprisonment and a minimum fine of Rupees One hundred thousand, and bail is subject to the riders mandated in S. 37 of the NDPS Act. When the quanty is less than commercial, the restricons of Secon 37 of the NDPS Act will not aKract, and the factors for bail become similar to the offence regular statutes. 11. Pre-trial incarceraon should not be a replica of post-convicon sentencing. The evidence might be prima facie sufficient to launch prosecuon or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of ancipatory bail. An analysis of the above does not jusfy custodial interrogaon or pre- trial incarceraon. 12. The evidence collected might be prima facie sufficient to launch prosecuon or even to frame the charges; however, it is insufficient for the purpose of bail. 13. Given the penal provisions invoked, the legal admissibility of evidence collected against the peon, coupled with the prima facie analysis of the nature of allegaons, and the other factors peculiar to this case, there would be no jusfiability for custodial interrogaon or pre-trial incarceraon. 2 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-5668-2025 14. Given the above, 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 ancipatory bail. This order shall come into force from the me it is uploaded on this Court's official webpage. 15. 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 Arresng Officer, and if the maKer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Officer/Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 16. 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 aKesng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 17. The bail order is subject to the peoner’s complying with the following terms. 18. The invesgaon indicates that the peoner is not the main accused, so the peoner's bail shall not be treated as a precedent for granng bail to the other co- accused with a higher role. 19. The peoner is directed to join the invesgaon within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Invesgator. The peoner shall be in deemed custody for Secon 27 of the Indian Evidence Act, 1872/ Secon 23 of BSA, 2023. The peoner shall join the invesgaon as and when called by the Invesgang Officer or any Superior Officer and shall cooperate with the invesgaon at all further stages as required. In the event of failure to do so, the prosecuon will be open to seeking cancellaon of the bail. During the invesgaon, the peoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 20. 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 3 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-5668-2025 circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 21. 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 acquiKal. 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 fiPeen 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 acquiKal 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. 22. In case the Invesgator/Officer-In-Charge of the concerned Police Staon arraigns another secon of any penal offense in this FIR, and if the new secon prescribes a maximum sentence that is not greater than the secons menoned above, then this bail order shall be deemed to have also been passed for the newly added secon(s). However, suppose the newly inserted secons prescribe a sentence exceeding the maximum sentence prescribed in the secons menoned above; then, in that case, the Invesgator/Officer-In-Charge shall give the peoner noce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 23. 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.” 24. 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 may file an applica on for cancella on of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 25. 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. 4 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment. CRM-M-5668-2025 26. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 27. 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 aKest it to be a true copy. If the aKesng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aKesng bonds. 28. Pe11on 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. 5 JYOTI 2025.02.15 12:31 I attest to the accuracy and integrity of this order/judgment.