This single-judge oral order dismissed an anticipatory bail petition filed by jail officials accused of supplying narcotics and money to inmates.
Application for anticipatory bail dismissed; custodial interrogation deemed necessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Crl.M.No.M-14335 of 2013(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-14335 of 2013(O&M) Date of Decision: May 7, 2013
Warden Des Raj and another
.....Petitioners
v.
State of Punjab
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.T.S.Sangha, Sr.Advocate with Mr.Narinder Singh, Advocate for the petitioners.
.....
RAM CHAND GUPTA, J.(Oral)
Crl.M.No.24730 of 2013
Requests for placing on record enquiry report and zimni report, i.e., Annexures P1 and P2.
The same are taken on record subject to all just exceptions. Application stands disposed of accordingly.
Crl.M.No.M-14335 of 2013
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.16, dated 7.2.2013, under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, under Sections 120-B IPC and under Sections 207, 540, 543 (12) of the Punjab Jail Act, registered at Police Station City Fazilka, District Fazilka.
I have heard learned counsel for the petitioners and have gone through the whole record carefully, including the impugned order passed by learned Judge, Special Court, Fazilka vide which application filed on behalf of the present petitioners for anticipatory bail was dismissed.
Brief allegations are that inspection of sub jail, Fazilka was conducted by Additional Deputy Commissioner, Fazilka. During checking he recovered 200 grams of poppy husk from inmate Charanjit Singh; one mobile phone was recovered from inmate Anil Kumar; 200 grams of opium
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Crl.M.No.M-14335 of 2013(O&M)
was recovered from barrack, from the search of inmate Sunit Kumar currency notes of 3800/- were recovered; from the search of inmate Parminder Singh currency notes of 780/- were recovered; from the search of inmate Inderjit currency notes of 2000/- were recovered; from the search of Rohtash currency notes of 6000/- were recovered and from inmate Sanjay currency notes of `1000/- were recovered. Besides the same nine safeties, one scissor, one mobile charger, two lighters, ear phone etc. were also recovered. There are allegations that petitioners and other officials of the jail were in connivance with the inmates and they were supplying the said items to them. The present FIR was got registered by Superintendent of Jail. Initial investigation was conducted by ASI who came to the conclusion that none of the jail officials was involved in this racket. However, enquiry was later on conducted by Superintendent of Police (D) on the direction of Senior Superintendent of Police, Fazilka. He gave enquiry report, Annexure P1, holding both the petitioners guilty of supplying incriminating articles to the jail inmates.
It has been vehemently contended by learned Senior counsel for the petitioners-accused that present petitioners are being made scapegoat as the FIR was lodged by Superintendent of Police and not by the Additional Deputy Commissioner, who conducted checking of the jail. It is further submitted that even the Superintendent of Police, who conducted the enquiry had exonerated Baljit Singh, DSP, Jail, without any basis. It is also contended that there is no basis for him to implicate the present petitioners and rather he has given report on the basis of alleged personal knowledge of certain facts in which he concluded that jail officials were providing narcotics to the jail inmates and providing them mobile phones. They were obtaining 2,000-3000/- from jail inmates for providing them these facilities and they were also paying monthly share to the DSP (Jail). Even the jail Munishi and other employees used to charge 500/- each for providing these facilities and, however, in the end he has exonerated the DSP.
Be that as it may, there are serious allegations against petitioners-accused. As per report of Superintendent of police, petitioners being employees of the jail were allowing narcotics, mobiles and other articles to be taken to the jail for the inmates by taking bribes. Hence some
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Crl.M.No.M-14335 of 2013(O&M)
other officials including Superintendent of concerned jail may be involved in this entire racket. Hence, custodial interrogation of the petitionersaccused is necessary to unearth the entire racket of allowing narcotics, mobiles and other articles to be taken in the jail by the inmates.
In view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitionersaccused. Rather their custodial interrogation is necessary.
Without expressing any opinion on the merits of the case, the present petition filed by petitioners-Warden Des Raj and Dalbir Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
7.5.2013 meenu
(Ram Chand Gupta) Judge
1 issue framed by the court
Whether anticipatory bail should be granted to jail officials facing serious narcotics supply allegations.
4 provisions across 3 enactments
Warden Des Raj and another
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
