Harvinder @ Munna v. State Of Haryana
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5 1To the Incharge Officer Police Station Azad Nagar, Hisar, Jai Hind. Today on 28.06.2023, I ASI Alongwith fellow employees ORP/HC Raghuvir Singh No. 1645/Rohtak, E/SI Baljeet Singh No. 670/FTB, ЕНС Vijay Kumar No. 591/Jind, E/HC Sunil Kumar No. 1370 Hisar, constable shri Amit Kumar No. 1255/Jind with laptop and printer in govt. passenger vehicle No. HR:03X 9291 Driven by constable Subham 640/Hansi were on crime patrolling near village Chaudhriwas toll plaza on NH 52 Rajgarh to Hisar. Then a secret informer came and he informed that Harvinder Singh son of Darshan Singh resident of Reond Kalan, jawan Nagar Police
Station Boha, District Mansa, Punjab along with his girlfriend Charanjeet Kaur wife Amrik Singh son of Harbans Singh resident of Reond Kalan, District Mansa, Punjab with car no. PB: 15F: 0958, Maruti Swift white in color, are coming and works to sell poppy husk (Dada post) after taking from Rajasthan. They have gone to Rajasthan to buy Doda post yesterday on 27.06.2023 evening. Today itself, after buying poppy from Rajasthan they will go to Punjab via Rajgarh Highway to sell it in Punjab. If the blockade is done immediately, then Harvinder Singh, his girlfriend Charanjit Kaur along with the above mentioned vehicle along with Doda Poppy can be caught on the spot. On finding information believable a report under 42 NDPS Act through EHC Vijay Kumar No. 591/Jind is being sent to the police station for information to higher officials.
After report information be provided and inform higher officer be informed and please send a ladypolice employee to the spot. I, ASI, after informing the co:employees about the informer, started a blockade on the highway from village Chaudhariwas toll plaza towards Siwani on Government National Highway No. 52 Rajgarh:Hisar Road and checked the numbers of the vehicles coming from Siwani. At that time, lady police constable Pooja Rani No. 189/Hisar arrived at the spot. After some wait, after some time, as per the information given by the informant, vehicle number PB:15F: 0958, Maruti Swift white color was seen coming from Siwani side. When I, ASI left the government vehicle along with the driver at the Naka and signaled the driver of Vehicle no.
PB:15F:0958 along with other fellow employees some distance ahead to stop the vehicle, the driver suddenly seeing the police party in front, slowed down his car once but driver started running increasing the speed tried to break the blockade at high speed, constable Shubham No.640/Hansi showed bravery, without caring for his life, he stopped the government vehicle in front, due to which vehicle no. PB:15F:0958 had a direct collision with government vehicle No. HR:03X:9291 and both the vehicles Got damaged. When the vehicle stopped, a young boy and a woman sitting inside it tried to run away after getting down.
companion and asked the name of the driver. The driver gave his name and address as Harvinder Singh Son of Darshan Singh resident of Reond Kalan, Jiwan Nagar Police Station Boha, District Mansa, Punjab and the woman sitting in the front seat next to the driver in vehicle told her name as Charanjeet Kaur wife of Amrik Singh, son of Harbans Singh resident of Reond Kalan, District Mansa, Punjab. Chaudhariwas toll plaza employees, who used to come on the highway, were asked to take part in proceedings, on which Surendra Kumar, son of Late Shri Jaibir Singh Jangra r/o village Sarsana, sub tehsil Balsamand Mobile no. 98122:20439 Chaudhariwas toll plaza guard was included in the proceedings. Thereafter I, ASI, suspected that Harvinder Singh and Charanjeet Kaur above had any intoxicating substance Poppy, etc.
in their vehicle, I first issued a notice to Harvinder Singh under Section 50 NDPS Act. That 'I give you notice under 50 NDPS ACT by informing that I am ASI Anoop Singh No. 895/Hisar, STF Unit, Hisar to Harvinder Singh son of Darshan Singhresident of Reond Kalan Jeevan Nagar police station Boha, District Mansa, Punjab under 50 NDPS ACT under notice that I have a suspicion of having some intoxicant Doda post etc. with you and in your vehicle number PB:15F:0958, Maruti Swift white colour. You and your vehicle have to be searched, you have to be searched. As per NDPS Act you have full legal right that you can call a Gazetted Officer or Duty Magistrate on the spot to search you and your vehicle as mentioned above or he can be called here to search your vehicle or you along with above mentioned vehicle Can be taken in front him.
You give your answer in writing. Harvinder Singh, after hearing and understanding the notice very well, put his signature on the notice and the witness put his 2 signatures and in his reply, told orally, got written that I, Harvinder Singh son of Darshan Singh, resident of Reond Kalan, Jeevan Nagar Police Station Boha District Mansa, Punjab have heard and understood notice given by you under Section 50 NDPS Act. I want to call a gazetted officer on the spot and get my vehicle No. PB:15F: 0958 searched. Please call a gazetted officer to the spot to search me and my vehicle.
notice has been signed by Harvinder Singh above and the witness. After this, ASI issued notice u/s 50 NDPS Act to Charanjeet Kaur that I ASI Anoop Singh No. 895/Hisar, STF Unit, Hisar, give notice to you Charanjit Kaur wife of Amrik Singh son Harbans Singh resident of Reond Kalan, District Mansa Punjab that you and your vehicle No. PB: 15F:0958, Maruti Swift which is white in color, is suspected to contain some intoxicating substance poppy seeds (Doda Post) etc. You and your vehicle are to be searched as per the above rules. You have full legal right under the NDPS Act that you can call a Gazetted Officer or Duty Magistrate on the spot to search you and your vehicle, or, you can be searched along with the above vehicle can be taken before him for searching. You give your answer in writing.
On the notice, Charanjit Kaur, the above has put his right thumb and the witness has signed. After thoroughly listening and understanding the notice given by me, she have written the reply to notice, in reply she told that that | Charanjit Kaur wife of Amrik Singh son of Harbans Singh resident of Reond Kalan, District Mansa, Punjab have heard and understood notice given by you under section 50 NDPS Act. I want a gazetted officer to be called on the spot to search me and our vehicle PB:15F:0958. Please call a gazetted officer on the spot to search my vehicle and mine. I have got written reply to notice to you in writing by speaking orally. On the reply notice, Charanjit Kaur has put her right thumb and the witness also out signatures. Regarding searching on the spot, Mr.
Sachin Ahlawat, Agriculture Development Officer, Agricultural Development Officer, Maiyad District, Hisar, appointed by the District Deputy Commissioner Hisar, for the search in connection with the NDPS Act, informed on his personal mobile number 88140:05252 from my mobile number 94166: 28644 request was made. The time is around 6.24 AM, after which we had to wait, at 7:05 AM Mr.
Kaur above named and vehicle no. PB:15F:0958 Maruti Swift car white color. I, ASI did search as per rules, in front of the Gazetted Officer, the vehicle driver above:mentioned Harvinder Singh was searched and no narcotic substance was found and as per the orders of the Gazetted Officer, Charanjeet Kaur, the above mentioned woman was searched through Constable Pooja Rani No. 18/Hisar women Police Station, Keeping the shame in mind being women, No intoxicants were recovered during the search. Thereafter on minutely searching of vehicle Maruti swift of white color as mentioned above PB 15F:0958, on back seat of car two plastic bags of black color found, on opening the mouth Doda post (Poppy husk / straw) was found in both.
On weighing from computerized machine, the plastic bags recovered from the vehicle of the Harvinder Singh and Charanjit kaur, first plastic bag was 26 kag 100 grams and the another pastic bag was also found of 26 kg 100 grams, thus total 52 kg 200 gram Doda post (Poppy Husk) was recovered along with plastic bags. Two separate parcels of each recovered plastic bag were prepared and sealed with my seal VS/3 Gazetted Officer Mr. Sachin Ahlawat, Agriculture Development Officer, Maiyad, District Hisar stamped both the Palanda of Doda post with his seal OP/1 and the sample seal was prepared. Recovered Poppy Palanda, Plastic bag Sample, Seal Stamp VS/3 and OP/1. vehicle No. PB:15F:0958, Maruti Swift, White Color and Accused Harjinder Singh a mobile phone of Vivo brand of white color was recovered. In which Sim No. 82647: 90082 was found.
After making a separate parcel, I, ASI sealed with stamp VS/3. On the recovery memo, the accused Harvinder Singh has signed in Punjabi language and Charanjit Kaur put the thumb of his right hand and the witness has put signatures. The recovery of memo of doda post was verified by Gazetted Officer Mr. Sachin Ahlawat. After using and keeping my seal, I handed over the sample seal to ESI Baljeet Singh No. 671/Fatehabad, STF Hisar and Gazetted Officer Mr. Sachin Ahlawat, after using the above mentioned seal, kept it with him only. At the same time, report no. 4 dated 28.01.2023 filed by E/HC Vijay Kumar No. 591 Jind, has been received from Azad Nagar police station, Hisar.
my inquiry, accused Harvinder Singh and Charanjit Kaur told about the recovered doda post that they have brought this Doda post from Nagaur, Rajasthan. Accused Harvinder Singh and Charanjit Kaur have committed the crime under section 15:C, 61/85 NDPS Act by keeping garbage weighing 52 kg and 200 grams along with weight of both the plastic bags, recovered in vehicle no. PB:15F:0958, against which a case should be registered. An information through ORP/HC Raghubir Singh No. 1645 is sent to police station of Hisar, the case number should be informed through the form and the special report of the case should be sent to the area magistrate and higher officials. Myself ASI is complainant Because the seized goods are the commercial quantity of the case. Therefore, as per the instructions of higher officials, another investigator, S.I.
Rajesh Kumar No. 78/Fatehabad STF (H) Unit, Hisar is appointed IO. I am present at spot alongwith case property and the accused. Location:: NH:52 Near Chaudhariwas Toll Plaza, Hisar. SD/: ANUP SINGH ASI (ASI Anup Singh 895/ Hisar) STF (H) Unit Hisar. Date 28.06.2023 Time: 8:30 A.M.'
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5 "2. A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society.
3. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case.
4. While so introspecting, among the factors that need to be considered is whether the accused was arrested during investigations when that person perhaps has the best opportunity to tamper with the evidence or influence witnesses. If the investigating officer does not find it necessary to arrest an accused person during investigations, a strong case should be made out for placing that person in judicial custody after a charge sheet is filed. Similarly, it is important to ascertain whether the accused was participating in the investigations to the satisfaction of the investigating officer and was not absconding or not appearing when required by the investigating officer. Surely, if an accused is not hiding from the investigating officer or is hiding due to some
genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider whether the accused is a first:time offender or has been accused of other offences and if so, the nature of such offences and his or her general conduct. The poverty or the deemed indigent status of an accused is also an extremely important factor and even Parliament has taken notice of it by incorporating an Explanation to section 436 of the Code of Criminal Procedure, 1973. An equally soft approach to incarceration has been taken by Parliament by inserting section 436A in the Code of Criminal Procedure, 1973.
5. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this Court in In Re:Inhuman Conditions in 1382 Prisons, 2017(4) RCR (Criminal) 416: 2017(5) Recent Apex Judgments (R.A.J.) 408 : (2017) 10 SCC 658
6. The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in Nikesh Tara chand Shah v. Union of India, 2017 (13) SCALE 609 going back to the days of the Magna Carta. In that decision, reference was made to Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 in which it is observed that it was held way back in Nagendra v. King:Emperor, AIR 1924 Calcutta 476 that bail is not to be withheld as a punishment. Reference was also made to Emperor v. Hutchinson, AIR 1931 Allahabad 356 wherein it was observed that grant of bail is the rule and refusal is the exception. The provision for bail is therefore age:old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days.
7. However, we should not be understood to mean that bail should be granted in every case. The grant or refusal of bail is entirely
within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory." # + + + +7 * + (+ $
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anuradha Whether speaking/reasoned Yes/No Whether reportable Yes/No