Ranjeet Singh v. State Of Haryana
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*+, "6 "Ruqa is as under. To the SHO PS Sadar, Kaithal, Jai Hind, It is requested that today on 21.11.2023, I along with SI Ranjit Singh No.105/KTL, ASl Parveen Kumar No.43/KTL, HC Rajeev Kumar No.279/KTL, HC Jasmer Singh No.469/KTL and EHC Lakhwinder Singh No.420/KTL were present at village Geong3
village Kathwarh turn point Hisar to Chandigarh By3pass road, Kaithal in connection w.r.t. stop the crime on Govt. vehicle bearing No.HR308GV35926 driven by EHC Balinder Singh No.961/KTL, a special informer came on motorcycle from Titram side and gave me secret information that Palvinder • Singh3alias Goldi S/o Shamsher Singh R/o village Mandwal, who is a truck driver, and is doing the business of selling the intoxicant substance i.e. poppy husk and opium in his truck, who has made drug addict the young boys of nearby areas, due to whick, the young boys are committing theft and other crimes for fulfillment of their lust for drugs. The above mentioned Palvinder Singh alias Goldi is about to come from Narwana side in his container bearing No.
RJ314GN33419 having poppy husk and opium from some outside place for selling the same in village Mandwal and nearby areas, if a Naka be laid down at this place and the suspected vehicles be checked, the above mentioned Palvinder Singh alias Goldi can be apprehended along with poppy husk and opium. As the information has been given by a believable person, a notice u/s 42 of NDPS Act was prepared at 2:15 a.m. and the same is sent to you the S.H.O. P.S. Sadar, Kaithal through EHC Balinder Singh No.961/KTL. The secret informer went from the spot, after giving the information. Thereafter, I disclosed wnt the secret information to the other police officials and prepared a aiding party and started baricating at turn point of village Geong3Kathwarh on Hisar3Chandigarh By3pass road, Kaithal and I sent S.i.
Ranjit Singh to call Karamvir Singh, Sarpanch of village Geong at the spot. After checking 435 trucks, who were coming from Titram side, as per the secret information, at about 2:45 a.m.
Palvinder Singh alias Goldi S/o Shamsher Singh R/o village Mandwal, P.S. Rajound, District Kaithal. On checking the vehicle is found to be bearing No.RJ314GN33419, make Ashoka Lyland as per the secret information. Then I told Palvinder Singh alias Goldi that I have suspicion that you are having some intoxicant substance i.e, poppy husk and opium with you and in your vehicle and you have a legal right to get conduct the search of youself and your vehicle from any Magistrate or gazetted officer. I prepared notice u/s 50 of NDPS Act separately, upon which, suspected Palvinder Singh alias Goldi and witnesses signed on the same. After thinking for some time, he expressed his consent to get conducted the search of himself and his vehicle from some Magistrate.
I prepared consent memo u/s 50 of NDPS Act, upon which Palvinder Singh alias Goldi and witnesses had signed. On 3.19 a.m., I called from my mobile No.70155345006 to Sh. Ashish Kumar, Naib Tehsildar, Kaithal on his mobile No.7988917708 and after explaining the facts, requested him to come on the spot. At about 3.25 a.m., EHC Balinder Singh came back at the spot, after giving the notice u/s 42 of NDPS Act to SHO, P.S. Sadar, Kaithal. At about 3.35 a.m., ShAshish Kumar, Naib Tehsildar, Kaithal came at the spot in his private vehicle bearing No.HR3 08Gv32222, while driving the same on his own. During this, A.S.I. Ranjeet Singh came back and told that Sarpanch Karamvir Singh S/o Balwan r/o village Geong has not met at his house as he has gone out of station due to some personal work. Sh.
Ashish Kumar, Naib Tehsildar, Kaithal enquired from the suspected Palvinder Singh alias Goldi and witnesses along with me. As per the directions of ShAshish Kumar, Naib Tehsildar, Kaithal, I got conducted my search from ASI Parveen Kumar and no suspected thing was recovered from me apart from the mandatory items. I prepared my personal search memo, upon which, the witnesses had appended their signatures. Sh.Ashish Kumar, Naib Tehsildar, Kaithal attested the memo and make 'SEEN' the noice u/s 50 of NDPS Act.
driver of Pick3up came from village Geong side and Birbal S/o Ram Niwas along with Sahil S/o Birbal r/o village Dhons came on motorcycle bearing No.HR309131602 from village Dhons side, to whom I disclosed the facts and asked them to become the witnesses, but they told their genuine difficulties and went away from the spot. Then as per the directions of Sh. Ashish Kumar, Naib Tehsildar, Kaithal, during the search of truck container bearing No.RJ314GN33419, Lyland, red colour, used by above mentioned Palvinder Singh alias Goldi, I opened four bulb type bolts on the roof in the cabin and i found a black coloured substance in a black coloured polythene bag and on checking, I found the opium i.e. intoxicant substance restricted by the Government.
On weighing with the electronic weighing machine, the same is found 500 grams along with the polythene bag. I put the same in a plastic box and prepared a parcel of opium and served the same with my seal PK/2' and prepared sample seal separately as 'PK/1'. After use, I handed over my seal to HC Rajeev Kumar. Thereafter, driver Palvinder took out his driving: licence from dashboard of the truck, which is in the name of Palvinder and the same is issued by RTA, Kaithal, valid upto 14.07.2029, photocopy of RC No.RJ3 14GN33419, truck make Ashoka Lyland, upon which, the chassis No.MB1A5EHD6MADL6189 and engine No.MHP/110497 has been written. This RC is in the name of above mentioned Palvinder Singh and the same has been issued by RC DTO, lagatpura authority and registration date is 10.11.2021 Form 47, Form RS 5.16, 3 pages, paper of billity i.
e. Globe Eco Logistic Pvt. Ltd., State Maharashtra, GST No.27 AAACG3938]IZG bearing No.167316, dated 17.11.2023, upon which it has been written (From Rajasthan to Chandigarh, Consigner, Name MSK Flex India Pvt. Ltd., F19TP 2427 MJDC, Ranjangaon, vill. Koregaon The Shirur Pune, MH, consignee name M/s Delta Enterprises, Plot No.
No.RJ314GN33419, invoice No.232401881, dated 17.11.2023 and Mob. No.98150391513, 97802348378 etc has been written two pages and 14 paegs of taxes invoice K Flex, 1 page of e3Way bill. The number of above mentioned vehicle is mentioned on some of the documents. Thereafter, I checked body of the truck with the help of other police officials and found packing of cardboard and packing of plastic polythene as per the billity foam, rubber etc. On the packing of cardboard, K Flex EC has been written. We also found black coloured heavy bags with the packing of foam and on checking, after opening the same, I found Doda Post in 24 bags and poppy husk in 34 bags. On weighing with the electronic weighing machine, every bag was found 20320 kg, out of above mentioned 24 bags of Doda Post and therefore, total 480 Kg of Doda post was recovered.
Then, on weighing with the electronic weighing machine, every bag was found 30330 kg, out of above mentioned 34 bags of Poppy husk and therefore, total 1020 Kg of poppy husk was recovered. Then we marked A1 to A24 the plastic bags of Doda Post and B1 to B34 to bags of the poppy husk. Then I prepared parcels of bags of Doda Post and Poppy husk recovered from the possession of above mentioned Palvinder Singh alias Goldi and served with my seal 'PK/2', after taking the same from HC Rajeev Kumar and prepared sample seal separately of all the parcels and then served every sample seal with my seal PK/1'. After use, I handed over the seal to HC Rajeev Kumar.
Thereafter, ShAshish Kumar, Naib Tehsildar, Kaithal served with his seal on one parcel of opium, 24 parcels of Doda Post, 34 parcels of poppy husk and sample seal of opium, Doda Post and 59 sample seal of poppy husk. After use, Sh. Ashish Kumar, Naib Tehsildar, Kaithal has kept his seal with him and he attested all the parcels and sample seals. Thereafter, parcel of opium, Doda Post, Chura Post, sample seals and above mentioned truck along with 24 pages as evidence were taken into police custody through recovery memo. I prepared recovery memo.
. ShAshish Kumar, Naib Tehsildar, Kaithal attested the same. After giving me proper directions, ShAshish Kumar, Naib Tehsildar, Kaithal went away from the spot at 8:15 a.m. in his vehicle. As accused Palvinder Singh alias Goldi has committed offences u/s 18(C) of NDPS Act by keeping intoxicant substance of 500 grams of opium and u/s 15(C) of NDPS Act by keeping intoxicant substance of 480 kg of Doda Post and 1020 KG poppy husk, total 1500 kg (15 quintals), therefore, a ruqa is written and sent to the police station sadar, Kaithal through EHC Balinder Singh No.961/KTL. After registration of a case, number of the same may kindly be informed to me. Special reports may kindly be sent to the higher police officials through proper channel. Another investigation officer may kindly be sent at the spot for further investigation. I along with other police officials and accused Palvinder Singh alias Goldi along with case property is present at the spot. Sd/3 ASI Pardeen Kumar, No.56/KL, Special Detective Unit, Kaithal, dated 21.11.2023 at 8.25 a.m.3x3x3x3x3x3x3x3x3x" - )/-$/-&)/ / 0$,1%'
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29. Punishment for abetment and criminal conspiracy3 (1) Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which3 (a) would constitute an offence if committed within India; or (b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India." %4 '
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"6 @47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health3 "The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health".
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" ()86 @It may be true, as pointed out by learned counsel appearing for Respondent No.1, that charge3sheet has already been filed. It will be unfair to presume on our part that the Investigating Officer does not require Respondent No.1 for custodial interrogation for the purpose of further investigation.
Be that as it may, even assuming it a case where Respondent No.1 is not required for custodial interrogation, we are satisfied that the High Court ought not to have granted discretionary relief of anticipatory bail.
We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the High Court granting anticipatory bail to the accused should be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking
anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail."
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% ) "6 "We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favourable order under Section 438 of the code. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also material which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre3arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third3degree methods needs not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers
would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders."
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Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No