A Habitual Offender is Not Entitled to the Grant of Bail: Punjab and Haryana High Court Dismisses Anticipatory Bail Plea

The Punjab and Haryana High Court on Wednesday dismissed the anticipatory bail plea of Mohammad Rayyan Ansari, accused in a case pertaining to the sale of intoxicating tablets under the NDPS Act in Haryana. Justice Jasjit Singh Bedi, while pronouncing the judgment, emphasized on the criminal antecedents of the petitioner and the necessity of custodial interrogation to advance the investigation.

The petition was filed under Section 438 Cr.P.C. seeking anticipatory bail concerning FIR No.143 dated 18.06.2023 registered at Police Station Munak, Karnal, Haryana. Ansari was implicated based on a disclosure statement made by a co-accused, Pardeep, who revealed Ansari as the source of the intoxicating tablets.

The Court observed, “In fact, when there are multiple FIRs against an accused over a significant period of time, then the twin conditions as envisaged under Section 37 of the NDPS Act that he had not committed an offence and was not likely to commit an offence cannot be satisfied.” The Judge further noted, “a habitual offender is not entitled to the grant of bail even under the provisions of the Cr.P.C. keeping in view his criminal antecedents.”

The State, through a status report, highlighted that the petitioner is also an accused in another FIR under the NDPS Act, and has a history of habitual offending, which makes the custodial interrogation imperative.

Various judicial precedents were deliberated upon during the hearing, especially focusing on the granting of anticipatory bail in cases where the accused is implicated based on the disclosure statement of a co-accused and has prior criminal records.

Justice Bedi, in his concluding remarks, stated, “Keeping in view the conduct of the petitioner and his criminal antecedents, his custodial interrogation would certainly be necessary to effect recoveries and to take the investigation to its logical conclusion.” Consequently, the petition for anticipatory bail was dismissed, finding no merit in the present petition.

Date of Decision: 21.09.2023

MOHAMMAD RAYYAN ANSARI vs STATE OF HARYANA