CRM-M-7772-2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7772-2011 (O&M) Date of Decision:23.09.2011 Randeep Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. SPS Sidhu, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.25 dated 23.03.2010, under Section 18 of the NDPS Act at Police Station Bhikhiwind, District Tarn Taran. The allegation against the petitioner is of recovery of 5 Kgs. of opium. The petitioner is in custody since 23.03.2010. He had applied for regular bail before the learned Trial Court which has been dismissed on the ground that the recovery is of commercial quantity of the opium. Learned counsel for the petitioner has submitted that the DSP, Kotkapura had made an inquiry in this case and had observed as under: “This could not be falsified and they took Randeep Kumar son of Ashok Kumar resident of Lajpat Nagar from Kot Kapura to Bhikhiwind and later on he was not released. It is also pertinent to mention here that the tower locations of police party were found to be of different cities at the time of registration of case. Like tower location of mobile number 98158-00047 of S.H.O. Surjit Singh is found to be at Batala City on 22.03.2010 from 12 O’clock till 1.46 a.m. From this, it is proved that police party of Bhikhiwind took Randeep Kumar alias Rana from Kot Kapura and registered this FIR No.25 dated 23.03.2010 under Section 18/61/85 NDPS Act at Bhikhiwind. Police party of Bhikhiwind has to inform the police of police station city Kotkapura [ 1 CRM-M-7772-2011 (O&M) at the time of taking Randeep Kumar but they have not informed. If opium was recovered from Randeep Kumar alias Rana then case was to be registered at Kotkapura. From secret investigation it is also found that when on 22.03.2010, Randeep Kumar @ Rana son of Ashok KUmar was taken from Kot Kapura to Bhikhiwind at that time no opium was recovered from him. So it is proved that Randeep Kumar @ Rana son of Ashok Kumar resident of Lajpat Nagar, Kot Kapura was taken from City Kotkapura. Report is hereby submitted.” He has further placed on record a letter/order No.1217/1206/11 SO/DGP, Punjab dated 13.09.2011 on the subject of an application No.19- P.C.-1/R/B/Z dated 26.07.2011 written by Sandeep Kumar son of Ashok Kumar, who appears to be the brother of the petitioner, in respect of the present FIR. It is mentioned in the aforesaid letter/order of the DGP, Punjab that the opinion of the Senior Deputy Advocate General has been taken, which reads as under: “I have gone through the facts of the case, police file of FIR No.25 dated 23.03.2010, under Sections 18/61/85 NDPS Act, PS Bhikhiwind, enquiry report and the detail facts of the police file and enquiry report of Dy. S.P. Kotkapura have already been mentioned in the noting of Staff Officer, DGP, Punjab Sh. Arun Saini, SP challan against Randeep Kumar alias Rana has already been presented in the court of Learned Special Judge, Tarn Taran. As per enquiry report of Dy. S.P., Kotkapura, on the basis of letter No.4633-19-2010/PSHRC/2009- 10/J, it was found that Randeep Kumar alias Rana was illegally whisked away from his home town i.e. Kotkapura, Distt. Faridkot and 5 K.g. of opium was illegally planted upon him, although at the time of his whisking away, no opium was with him. If the 5 K.g. opium was not recovered from Randeep Kumar alias Rana then it was in the possession of the police and the police has prepared a false record and has planted the opium upon Randip Kumar alias Rana. I am, thus, of the opinion that SI Surjit Singh NO.606/BR., SHO of PS Bhikhiwind of that time, ASI [ 2 CRM-M-7772-2011 (O&M) Malook Singh NO.417/Gurdaspur, HC/P Kartar Singh and ASI Tilak Raj No.820/BR (witness recovery) and Harvinder Singh Sandhu, PPS, Dy.S.P., Bhikhiwind, who has also attested the recovery memo & one Tara Chand are liable for an offence punishable u/S 18/58 NDPS Act r/w 167/168/211/120-B IPC. So, if approved any G.O. preferable of the rank of SP may be directed to get accused Randeep Kumar alias Rana discharged from the Court, who is illegally facing trail and after thorough investigation, challan u/s 173(8) Cr.P.C. may be ordered to be presented against the above said persons in the trial Court. I am further of the opinion, if approved, that delinquent police officers who being members of the disciplined force have gone to that extent and are tarnishing the image of police force, may also be got dealt with departmentally as well.” The aforesaid legal opinion has been approved by the DGP, Punjab and through his letter, which was addressed to SSP, Tarn Taran, a report has been asked for within a period of 10 days. Learned State Counsel has failed to contest the application for bail in the face of the inquiry report of the DSP, Kotkapura dated 12.10.2010 and the letter/order of the DGP, Punjab dated 13.09.2011 in which there are allegations against the police personnel for falsely implicating the present petitioner in this case. In view thereof, keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is allowed and the petitioner is ordered to be released on bail by the learned Trial Court on his furnishing bail bonds to its satisfaction. September 23, 2011. ( Rakesh Kumar Jain ) vinod* Judge [ 3