"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail

The Punjab & Haryana High Court has directed an accused person under NDPS Act to surrender all his weapons as a pre-bail condition to bail, observing that given the background of allegations against him, it becomes "paramount to protect the drug detection squad, their family members, as well as the members of society."

Justice Anoop Chitkara said, incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of firearm.

The bench further clarified that "this restriction is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sanction."

"Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, ammunition, if any, along with the arms license to the concerned authority within fifteen days from release from prison and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case, provided otherwise permissible in the concerned rules," it said

Restricting firearms would instill confidence in the victim(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeating the offence, added the Court.

These observations were made while hearing the bail application of a man accused of trading contraband and found in possession of 1 kg of heroin. Thereafter, an FIR was lodged under 21, 21(c), 22, 25 & 29 of NDPS Act, 1985.

The Court noted that as per the custody certificate, the petitioner's total custody is 03 years, 02 months & 19 days. The petitioner indisputably has no criminal antecedents and has already complete pre-trial custody exceeding two years and six months. Thus, he is entitled to bail based on Dheeraj Kumar Shukla v. The State of Uttar Pradesh [SLP (Crl) 6690-2022].

As per Dheeraj Kumar's judgement a bail can be granted even when the case involves commercial quantity under NDPS Act when the following three conditions are fulfilled :

(a)The custody of more than 2 years and 6 months and the delay was not attributable to accused.

(b)The trial is at an initial stage.

(c) The petitioner is the first offender.

Justice Chitkara noted that the applicant fulfils all the three criterias and granted him the relief by imposing certain conditions.

Reliance was also upon Mohammed Zubair v. State of NCT of Delhi, , [Writ Petition (Criminal) No 279 of 2022, Para 29], 2022, wherein the Supreme Court held that “The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them."

In the light of the above the plea was disposed of.

Citation: 2023 LiveLaw (PH) 224

Title: Ravinder Singh v. State of Punjab

Click here to read/download the order.