SUDIP AHLUWALIA,J. - (1.) This is the second petition filed on behalf of the petitioner seeking bail in FIR No.56 Dated 15.5.2013 of Police Station Banur, District Patiala, under Sections 379, 411, 473, 468, 471, 212, 120 -B IPC and Sections 21, 22, 25, 25 -A, 27 and 29 of the Narcotic Drugs & Psychotropic Substances (NDPS) Act, 1985 and Sections 25 of the Arms Act, after his having surrendered and remanded to judicial custody on 14.11.2015. Before adverting to the factual matrix of the case, it would be appropriate to first take notice of the previous legal proceedings preferred at the instance of the petitioner in this regard. It is firstly noted that the petitioner was originally 1 of 8 granted bail by a Single Bench on 22.3.2014. But the State sought its cancellation. A Division Bench of this Court, in which, one of us (Surya Kant, J.) was a member, by its order dated 7.10.2015, cancelled the bail. The petitioner challenged such order of cancellation by way of SLP (Crl.) No.9391 of 2015. During pendency of the SLP, he surrendered before the Designated Court on 14.11.2015 and was remanded to judicial custody. The SLP was withdrawn two days later (on 16.11.2015) as the Supreme Court had granted him the liberty to seek his relief from the appropriate Forum. The Designated Court, however, rejected his petition for bail by its order dated 2.1.2016, after which, he approached this Court for the same relief. But the Division Bench rejected his prayer on 17.3.2016 by a detailed order (Annexure P5). He thereafter filed the present petition three months later on 20.6.2016.
(2.) Now to the factual matrix/substance of allegations contained in the FIR. It may be mentioned that in the previous order dated 17.3.2016, the Division Bench had taken note of the material facts and circumstances, which are now being re -visited in order to consider whether any new grounds justifying any deviation from the previous order, have arisen or not. It was noted in the earlier order - "2. As per the FIR version, the SHO Police Station Banur, District Patiala along with other police officials was on patrol duty and when they were at Banno Bhai Chowk, Banur, a secret information was received that Satinder Thama son of Ram Roshan Thama resident of # 1669, Sector 15, Panchkula, Baljinder Singh @ Sonu resident of Amritsar, who along with other members of the gang were involved in stealing vehicles which are used for supplying ICE, Pseudoephedrine and other intoxicating material with forged 'number plates', were travelling on that day in a Verna car affixing fake number plate HR -26AJ - 2 of 8 1019 from Amritsar to Delhi via Kharar and would be carrying the intoxicants. Based upon the secret information the FIR was registered under various provisions of IPC, NDPS and Arms Act. 3. The allegations against petitioner and his brother are that they have set up two pharmaceutical industries in the State of Himachal Pradesh at Baddi and Barotiwala, District Solan, namely (i) M/s Montek Biopharma and (ii) MBP Pharmaceutical P. Ltd. These industries were granted licences by the State Drug Controller, Himachal Pradesh and the Narcotic Control Bureau for manufacture, distribution, sale, purchase, possession, storage and consumption of 'controlled substances' mentioned in Schedule 'A' of the NDPS Act. 4. The petitioner and his brother are alleged to have misappropriated the two controlled substances of 'ephedrine' and 'pseudoephedrine' supplied to them at concessional rates, for the illicit manufacturing and illegal trade of narcotics/synthetic drugs. The invoices of so -called sale or supply of their manufactured drugs containing these controlled substances, were found either to be fake or the consignees were non - existent."
(3.) Taking into account this background of the matter and after hearing the contesting sides, the Division Bench in rejecting the prayer for bail, had observed, inter -alia - "9. The petitioner has not made out any case to release him on bail as no new ground has been urged except that the petitioner's brother Jagjit Singh Chahal's bail has been upheld by this Court and petitioner case is on a better footing than his brother -Jagjit Singh Chahal. Except this contention, rest of the contentions are relating to the factual aspects like the petitioner has surrendered on 14.11.2015 and is lying incarcerated in judicial custody, challan was filed way back on 05.09.2014 and he has not misused or abused the process of bail earlier granted to him and his conduct has always been above board. It was also contended that he has now surrendered in compliance with 3 of 8 his undertaking given before the Supreme Court. 10. The offence alleged against the petitioner has a serious adverse impact on the fabric of the Society. The offence is of high magnitude indicting misuse of the controlled substances which were provided to the petitioners' pharmaceutical at a concessional rate. The petitioner is stated to be transacting with a drug lord Jagdish Singh @ Bhola. 11. Since the trial is still at an early stage and the allegations and grave in nature, it would not be expedient or appropriate to release the petitioner on bail at this stage. Petition is dismissed." ;