Vinod Kumar Alias Pappu v. State Of Haryana
!
"# !$%&'&
(# #
#)*#+ %,-$% ! "#$%&
' ' !
()*&+ ,-
. /" 0/0$ 001230-1, 1#4 & 5' ! -#4 1% & '
516!
()*
1 .The contents of the case are as follows: To the Station House Officer, Police Station Baldev Nagar Jai Hind today with Fellow employee, HC Mahtab Singh No. 308, EASI Raj Kumar No. 878, EASI Nitesh Kumar No. 88, EHC Randeep Singh No.
774, Constable Rohit Kumar No. 1645, Government vehicle no. HR01GV2741 Driver EASI Rajesh Kumar No. 807 with Laptop, Printer, CIA patrolling for investigating crimes using electronic hook and investigative bag at around 0110 AM. The staff started from Shahzadpur via Patvi, Panjokhara and was present at fly over bridge Narayangarh turn to Baldev Nagar at around 0210 AM, where HC Vijay Kumar No. 02 and constable Bhagyashali No.
886 security gaurd Ambala Cantt met with I SI and was talking that at around 240 AM the informer special met me SI and it was informed that Vinod Kumar, son of Mohan Lal, resident of Baldev Nagar, Ambala city, is into the business of selling intoxicating capsules and is currently trying to supply huge quantity of intoxicating capsules to a customer on his numberless TVS Jupiter under the Baldev Nagar fly Over Bridge and now waiting for his customer, who is holding a white polythene filled with drug capsules in his right hand, if the said Vinod Kumar is arrested and his polythenė is searched, a lot of drug capsules can be recovered.
On taking action on the above information, I SI At about 255 AM, sent a separate written information in this regard to the station house Officer Police Station Baldev Nagar after handing over EHC Randeep Singh No. 0774 to Police Station Baldev Nagar and notice U/S 42 NDPS ACT also Prepared separately. The witnesses put their signatures on the notice and the notice is U/S 42 NDPS ACT and was handed over to EASI Nitish Kumar No. 88 and sent to the residence of Shri Ramesh Kumar H.P.S., Deputy Superintendent of Police, Ambala. The passersby were informed about the situation and I SI requested to become witnesses but everyone expressed their legitimate compulsion and went away from the spot. The time which is around, 03.
10 AM, I SI reached Fly Over Bridge Baldev Nagar along with my fellow police personnel and a informer and hiding the government vehicle on the side, and informer pointed towards a person sitting on an unnumbered TVS Jupiter under the fly Over Bridge Baldev Nagar.
employee, controlled the person and asked for his name and address. When asked about his name, Vinod Kumar alias Pappu, son of Mohan Lal, resident of house no. 10/161, Baldev; Nagar, Ambala city, Police Station Baldev Nagar, District Ambala,; who was holding a white colored polythene in his right hand. I SI told Vinod Kumar that we have secret information, the white colored polythene in your right hand is having drug capsules in that polythene. You have the legal right to get yourself searched and this, polythene searched by any gazetted officer or magistrate. Notice U/S.
50 NDPS ACT was prepared separately and the notice U/S 50 NDPS ACT was read out to Vinod Kumar and explained every letter, The one who read the notice U/S 50 NDPS ACT, considering the notice as correct, wrote his signature on the notice and the witnesses put their signatures. Accused Vinod Kumar gave his consent in response to the notice that "I want to get myself and the polythene in my hand searched in front of a gazetted officer on which I SI prepared the FIR and the confession statement separately, on which Vinod Kumar alias Pappu and the witnesses signed their respective signatures.
I SI has registered his mobile phone number as per the list of gazetted officers in his mobile phone from 9416250063, at around 320 AM, Shri Vaibhav SDO "OP' Sub Division East UHBVN Ambala City was called on mobile number 9315118227 and requested to reach the spot after narrating the situation till now, which brought to I SI Accepting the request, agreed to reach the spot which was around 4.10 AM But Mr. Vaibhav SDO 'OP' Sub Division East UHBVN Ambala City reached the spot in a private vehicle and named SI After narrating the situation so far, he presented notice U/S 50 NSDPS ACT and confession statement, witnesses and Vinod Kumar alias Pappu before him. Who saw the notice U/S 50 NDPS ACT and confession.
SI SCANNED COPY OF THE And on the search of the fellow employee, apart from the daily use items, no intoxicating substance was recovered, which was prepared in personal search memo by the search officer and the employee. Vinod Kumar and witnesses have signed their respective signatures on the personal search memo and Mr. Vaibhav SDO OP Sub Division East UHBVN Ambala City ATTESTED the personal search memo After this, Shri Vaibhav SDO 'OP' Sub Division East UHBVN Ambala City appealed to I SI and instructed to search the above mentioned person Vinod Kumar and also to search the polythene held in his hand in front of him, as per orders. When Vinod Kumar was searched, a mobile phone of brand Redmi of blue color was found from his right pocket which had SIM number 7497880812 Airtel and SIM number 8950071721 Airtel and IMEI NO.
861934043441870, 861934043441888 recovered Apart from this, on searching the polythene held in the hands of Vinod Kumar, a large quantity of SPASMO PROXYVON PLUS capsules were found 'inside the polythene. On counting of which a total of 87 strips of capsules were found and each strip contained 08 capsules which resulted in a total of 696 capsules and each strip bore the name "Dicyclomine Hydrochloride, Tramadol Hydrochloride Acetaminophen Capsules" ML 10/UA/2004 manufactured in India By Akums Drugs Pharmaceuticals Ltd 19,20,21 Sector6A; I.I.E SIDCUL, Ranipur Haridwar 249103 INDIA B.
No WAA3006 MFG JAN 23 EXP DEC 24 is written on The weight of one strip with wrapper is 67 grams, the weight of 08 capsules without wrapper is 484 grams, similarly the total weight of capsules with wrapper is 55419 grams and the total weight without wrapper is 42108 grams Due to the case of intoxicating capsules, I SI Called Mr. Hemant Grover Drug Control Officer Ambala's mobile phone 9416250063 at around 4.
WhatsApp me with a photo of strip capsule from Recovered Capsules and I will WhatsApp you my opinion. As per order I SI took a photo of the strip of the capsule and sent a written application on WhatsApp on the mobile number of Mr. Hemant Grover, Drug Control Officer, Ambala. After some time who, sent his written opinion on WhatsApp on my mobile number, according to which the report was made under Recovered Capsule of NDPS ACT. As per the notification of SR. NO. NDPS Act on 238 ZH. A printout of the written opinion which falls under this will be reviewed. By putting the capsules back in the same white polythene, a parcel of goods recovered was prepared and the Parcel of goods recovered was Stamped everything with his RS/3 stamp and used and kept the sample stamp after the stamping. Mr.
Vaibhav SDO 'OP' Sub Division East UHBVN Ambala City handed over the Parcel of goods recovered to Mahtab Singh No. 308/Ambala and put his JS/1 stamp on Parcel and also put his JS stamp on the sample seal attested to parcel who kept the postuse stamp and postuse sample stamp with him. On which the engine number and chassis number of TVS Jupiter was checked without number, which was 15 found to have engine number EB4EJ1337214 and chassis number MD626E644J1E97168. The police seized Parcel of recovered Narcotic Capsules with serv stamp RS/3, JS/1 with sample stamp and TVS Jupiter engine number EB4EJ1337214 and chassis number MD626E644J1E97168 as case property vide seizure memo. The seized property was signed by accused Vinod Kumar and the witness and verified by Mr. Vaibhav SDO OP' Sub Division East UHBVN Ambala City.
The Recovered mobile phone of brarid Redmi was seized from the accused Vinod Kumar by the police during the personal search and the personal search memo was prepared separately and signatures of accused Vinod Kumar and witness were given. The above accused Vinod Kumar has committed the crime of 22 (C) NDPS Act by keeping the above intoxicating capsule in his possession without license and permit.
written and a case has been filed, the constable Rohit Kumar is being sent to Baldev Nagar police station number 1645. After the case and number should be informed by the prosecution and copies of the first information report should be sent to the service officer as a special report and for further investigation the second investigation officer should be sent on the spot and inform the incharge CIA Staff Shahzadpur to be done. I SI busy in investigating the matter at this times. Fly Over Bridge Baldev Nagar SD Rajender SI C.I.A. Staff Shahzadpur Date 17.04.2023 Time0510 AM AZ Rolice Station Article On receipt of the above mentioned crime by constable Rohit Kumar No. 1645 in the police station, case number 169 dated 17.04.
2023 Section 22(C) NDPS ACT Police Station Baldev Nagar and After registering the copy, the original material recovered with police is being sent to the researcher on the spot through the coming CT for further action. Special copies of the FIR are being sent to the service of EMAIL to Duty Magistrate, SP Ambala and other officers. The station house officer was informed about the situation. The second investigation officer, ASI Jarnail Singh, was informed about the situation and reached the spot. Record will be entered as per law or the case will be registered by st Rajpal in his own presence.
$ /01$012/0& 03$4,56/614$7$1212/0$% 7 '
! 6 !6 '
8 '
,-,
' 5 6
6 2
!6 ' 8
6 '
'
6 " /. 0/0$ ' 6 , / 0/0$00 8 !9 6 8 : : !6
' ' !
03$4,56/614$ 1,1$ + 2
'
! 1
8 : 7 2 6 )'
'+
' ' !
'
,-,
'5 6
6 2
! 6 68 ' "
0,5-&2& (6 ! !
0 6 0-
6 '
!
! ! 66 6
6 ; ! ' ' ! ! ! 8 " /. 0/0$ ' 6 , / 0/0$00 8 !9 6 8
: : !6
' ! !
8
* ! ; '6 9 2 <
8 !
' !
' ' ;
6 9 *
; '6 1 "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 firsttime 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 ReInhuman 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. KingEmperor, 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 ageold 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."
2 !
6 8 '
! ; 0 2) ' !
6
9<! "
#
$% & ' (
) *+ *
; '6
1 "7. An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion
of the trial would infringe the right of an accused guaranteed under Article 21 of the Constitution.
8. It is not for nothing the Author Oscar Wilde in "The Ballad of Reading Gaol", wrote the following poignant lines while being incarcerated:
"I know not whether Laws be right, Or whether Laws be wrong;
All that we know who be in jail Is that the wall is strong;
And that each day is like a year, A year whose days are long."
4 $52$6 )8 6
!
! ' !
'
!
! 235
'
86
' ! ! 9 6 6 8
* #+
anuradha Whether speaking/reasoned Yes/No Whether reportable Yes/No