Criminal Misc. No.M-2385 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.M-2385 of 2009 Date of Decision:29.01.2009 Ram Pal alias Ram Pal Singh .....Petitioner Vs. The State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Gorakh Nath, Advocate for the petitioner. Mr. Amit Kaushik, Assistant Advocate General, Haryana. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Ram Pal alias Ram Pal Singh under Section 438 of Cr.P.C seeking anticipatory bail in case FIR No.460 dated 11.8.2008 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 relating to Police Station Behal, District Bhiwani. The brief facts of the case are that on 11.8.2008, police party present at Bus Stand Singhani received a secret information that Rajesh, Narveer, Sajjan, Sunil and Kuldeep who used to indulge in the sale and purchase of paddy straw have gone to Rajasthan for fetching poppy straw in unnumbered Pickup Dalla. If checking is made at Obra Chowk, then they could be apprehended with contrabands. Nakabandi was done at Obra Chowk. In the meanwhile, such Pickup Dalla, white in colour was spotted approaching from Rajasthan side. The same was signalled to stop. It was overpowered with the help of police officials. The young boy who was sitting in the back of Pickup Dalla succeeded to escape. The driver Criminal Misc. No.M-2385 of 2009 -2- disclosed his name as Sajjan. The other boys also disclosed their identity. One of the person who fled from the spot was revealed as Kuldeep. 13 bags of poppy straw were recovered from the said vehicle. On weighment, the poppy straw came to 243 kilo 100 grams. The accused were apprehended and produced before the Court. The accused moved an application before S.P. Bhiwani alleging therein their innocence. The inquiry conducted by Ram Kishan DSP, Dadri revealed that Ram Pal alias Ram Pal Singh- petitioner was also found guilty. I have heard learned counsel for the parties, besides perusing the record with due care and circumspection. Mr. Gorakh Nath, Advocate appearing on behalf of the petitioner urged with great eloquence that the petitioner is neither named in the FIR, nor he was apprehended at the spot and no recovery was effected from his possession and in these premises, no prima-facie offence worth the name is found against him. Mr. Amit Kaushik, Assistant Advocate General, Haryana on behalf of the State maintained that in the inquiry, the petitioner was found guilty. I have well considered the rival contentions. As would be apparent from the inquiry report shown during the arguments, the petitioner along with others was found indulging in the smuggling of narcotic drugs. The origin of poppy straw recovered from the vehicle can be ascertained only if the petitioner is subjected to custodial interrogation, which is qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code of Criminal Procedure. In this case, effective interrogation of the petitioner would be of tremendous advantage in disinterring many useful information as well as the the contraband which would have been concealed. The Criminal Misc. No.M-2385 of 2009 -3- provisions of Section 438 of Cr.P.C cannot be invoked, where custodial interrogation is necessary. A Court considering a petition under this Section must strike a balance between the rights of an accused and duty and obligation conferred upon an investigating agency. Considering the facts of the present case, in the light of provisions of Section 438 of Cr.P.C, I am of the considered opinion that the present petition merits dismissal. Accordingly, this petition is disposed of. January 29, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No