Punjab-Haryana High Court
Narinder Pal vs State Of Punjab on 1 April, 2021 In The High Court for the States of Punjab and Haryana
At Chandigarh
(I) CRM-M-49056-2019 (O&M)
Date of Decision:- 1.4.2021
Narinder Pal … Petitioner
Versus
State of Punjab … Respondent
(II) CRM-M-18229-2020 (O&M)
Ram Sanjeevan Singh … Petitioner
Versus
State of Punjab … Respondent
(III) CRM-M-36522-2020 (O&M)
Balram Singh Rawat … Petitioner
Versus
State of Punjab … Respondent
1 of 7
::: Downloaded on – 02-04-2021 23:14:56 :::
CRM-M-49056-2019 and
CRM-M Nos.18229 & 36522 of 2020 (O&M) -2-
CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Gursimran Singh Madaan, Advocate,
for the petitioner in CRM-M-49056-2019.
Mr. B.S.Kathuria, Advocate,
for the petitioner in CRM-M-18229-2020.
Ms. Manju Goyal, Advocate for
Mr. Sumeet Goel, Advocate,
for the petitioner in CRM-M-36522-2020.
Mr. Saurav Khurana, DAG, Punjab,
assisted by SI Ram Pal.
(Proceedings conducted through video conferencing)
*****
GURVINDER SINGH GILL, J. (Oral)
1. This order shall dispose of the above mentioned three petitions
wherein petitioners Narinder Pal, Ram Sanjeevan Singh and Balram
Singh Rawat, seek grant of regular bail in a case registered vide FIR
No. 83, dated 28.8.2019, Police Station Special Task Force, District
STF Wing Police Station Division No.5, Ludhiana, under Sections
22, 27-A and 29 of NDPS Act.
2. The FIR in question was lodged on the basis of a secret information
received by the police to the effect that Narinder Pal @ Vicky and his
brother Chandan Parkash @ Lucky along with their associates supply
drugs which have been banned by Punjab Government, in a large
scale and share profit amongst each other. The information was
further to the effect that Narinder Pal @ Vicky has set up a shop
2 of 7
::: Downloaded on – 02-04-2021 23:14:57 :::
CRM-M-49056-2019 and
CRM-M Nos.18229 & 36522 of 2020 (O&M) -3-
under the name and style of M/s Kanchan Medicos at Mohalla
Jawahar Nagar Camp, Ludhiana, and was maintaining Ertiga car
bearing registration No.PB-10-HB-1809 and a Brezza car bearing
registration No.PB-10-HB-7869 for the purpose of supply of
intoxicant drugs and has also set up a warehouse for storing such
intoxicating tablets, capsules and injections. It was further informed
by the secret informer that Narinder Pal @ Vicky was to go in Ertiga
car from his shop for the purpose of supplying intoxicating drugs and
that in case barricading is laid, he may be caught red handed along
with huge quantity of banned drugs.
3. It is the case of prosecution that pursuant to receipt of said
information, a raid was conducted at Mohalla Jawahar Nagar Camp,
Ludhiana where a person was found sitting in Ertiga car bearing
registration No.PB-10-HB-1809 who upon inquiry disclosed his
name as Narinder Pal @ Vicky. The search of Ertiga car yielded
recovery of 4 heavy plastic bags from which 70,000 tablets of
Lomotil containing Diphenoxylate Hydrochloride. Another 6,000
tablets of Alprasafe (Alprazolam) and 6480 tablets of Dicyclomine
Hydrochloride, Tramadol and 7200 more capsules of Tramadol
Hydrochloride were also recovered.
4. During the course of interrogation Narinder Pal @ Vicky disclosed
that he and his brother Chandan Parkash @ Lucky had taken a house
on rent in street No.8-1/2 Mohalla Harkrishan Nagar, Shimlapuri,
Ludhiana, for storing intoxicating drugs, tablets, injections etc and
that he and his brother are the only persons who know about the
3 of 7
::: Downloaded on – 02-04-2021 23:14:57 :::
CRM-M-49056-2019 and
CRM-M Nos.18229 & 36522 of 2020 (O&M) -4-
same. Narinder Pal @ Vicky led the police party to the said premises
and after picking up a key kept near the main gate of the house
opened the lock of the main gate and got recovered another cache of
drugs i.e. 46800 Tramadol Hydrochloride Tablets, 47100 Tramadol
Hydrochloride capsules IP, 1200 Buprenorphine Injection IP, 250
bottles of Onerex surup containing Chlorpheniramine Maleate, 5760
intoxicating capsules containing salt of Tramadol Hydrochloride
Capsules IP, 1,73,010 tablets of Clovidol-100 SR. It was thereafter
that accused Chandan Parkash @ Lucky was also arrested. Upon
further interrogation of both the brothers, they disclosed that they
used to order intoxicating drugs from Delhi which used to be
delivered through DTDC courier Ludhiana. The said disclosure led
to arrest of petitioner Ram Sanjeevan Singh and Balram Singh Rawat.
5. Learned counsel for the petitioners have vehemently argued that they
have falsely been implicated in the instant case. While the learned
counsel representing Narinder Pal @ Vicky has submitted that in fact
it is a case where brother of petitioner Narinder Pal namely Chandan
Parkash @ Lucky is a licenced chemist and the petitioner Narinder
Pal @ Vicky had been helping him in his business and that in these
circumstances it could not be said that the petitioner had committed
any offence.
6. Learned counsel for petitioner Ram Sanjeevan Singh has submitted
that he is merely an employee of a courier company and that he was
nowhere involved in alleged drug trafficking racket.
4 of 7
::: Downloaded on – 02-04-2021 23:14:57 :::
CRM-M-49056-2019 and
CRM-M Nos.18229 & 36522 of 2020 (O&M) -5-
7. Learned counsel for petitioner Balram Singh Rawat has submitted
that he is Branch Manager of DTDC (courier company) and that he
cannot be held responsible in any manner in case any employee
working in the courier company had misconducted himself and that
in fact it is co-accused Sunil Kumar Luthra who had employed Ram
Sanjeevan Singh for delivery of parcels which were alleged to be
containing intoxicating medicines.
8. On the other hand, learned State counsel has submitted that it is a
case where huge quantity of contraband had been recovered from the
possession of petitioner Narinder Pal @ Vicky and that upon his
disclosure statement another huge recovery of contraband was
recovered from the store being managed by the petitioner Narinder
Pal @ Vicky and his brother Chandan Parkash @ Lucky. Learned
State counsel has submitted that even if it is assumed that the
petitioner Narinder Pal’s brother was having some licence to possess,
sell or distribute medicines, still the same would not justify
possession of drugs by the petitioner Narinder Pal and that in any
case even by virtue of a drug licence, the licence holder is not
authorized to transport and store medicines/drugs as per his will at
any place and that it is only at the nominated place that such
medicines/drugs may be stored or sold which is not the case in hand.
9. Learned State counsel has further submitted that even the complicity
of the other two petitioners namely Ram Sanjeevan Singh and Balam
Singh Rawat, who are the Manager and an employee of the courier
company is clearly evident since huge quantity of drugs was being
5 of 7
::: Downloaded on – 02-04-2021 23:14:57 :::
CRM-M-49056-2019 and
CRM-M Nos.18229 & 36522 of 2020 (O&M) -6-
procured from Delhi and was being delivered at Ludhiana. Learned
State counsel has thus prayed for dismissal of the petitions. Learned
State counsel has however, informed that petitioner Narinder Pal @
Vicky has been behind bars for the last 1 year, 4 months and 14 days;
petitioner Ram Sanjeevan Singh has been behind bars for the last 1
year and 1 day and Balram Singh Rawat has been behind bars for the
last 1 year and 5 days. It has further been submitted that no other
case is pending against the petitioners.
10. I have considered rival submissions addressed before this Court.
11. As far as petitioner Narinder Pal is concerned, he was apprehended
while in possession of a huge quantity of drugs for which he could
not furnish any justification. Even if his brother is possessing any
licence, the same would not justify the possession of the petitioner of
a huge quantity of drugs which was found from the car. Further the
premises from where another cache of drugs was recovered at the
instance of the petitioner is also not found to be authorized premises
under the Drugs and Cosmetics Act. In these circumstances,
petitioner Narinder Pal @ Vicky does not deserve the concession of
bail. The petition (CRM-M-49056-2019), as such, filed on behalf of
petitioner Narinder Pal @ Vicky stands dismissed.
12. As far as the other two petitioners are concerned, they are working in
the courier company. Nothing was ever recovered from their
possession, though of course it is alleged that they were instrumental
in delivery of the contraband in Ludhiana which was being procured
from Delhi. At this stage, it will be debatable as to whether the drugs
6 of 7
::: Downloaded on – 02-04-2021 23:14:57 :::
CRM-M-49056-2019 and
CRM-M Nos.18229 & 36522 of 2020 (O&M) -7-
which were being delivered through courier company where the
petitioners were working were being delivered with the knowledge
and connivance of the said petitioners or as to whether the same were
being delivered as a part of their professional duty and commitment.
In any case the said two petitioners have already been behind bars for
the last more than 1 year and are not stated to be previous convicts.
The petitions i.e. CRM-M-18229 and 36522 of 2020 filed on behalf
of Ram Sanjeevan Singh and Balram Singh Rawat merit acceptance
and are hereby accepted. The petitioners namely Ram Sanjeevan
Singh and Balram Singh Rawat are ordered to be released on bail
subject to their furnishing bail bonds to the satisfaction of learned
trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
1.4.2021 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
7 of 7
::: Downloaded on – 02-04-2021 23:14:57 :::
Comments