Harpal Singh v. State Of Punjab
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12' " " 'While patrolling, when the Police Party reached Bhindi Aulakh Khurd, then a secret informer met and gave information to SI/SHO that Ajaypal Singh son of Balwinder Singh and Harpal Singh son of Jeewan Singh both resident of Lodhi Gujjar Police Station Lapoke, they have link with Pakistani smugglers. In connivance with each other they both smuggle heroin from Pakistan and sell here. That today Ajaypal Singh and Harpal Singh on their motorcycle bearing no. PB 02.CS.4937 make CT 100 of black colour, went to village Bhindi to buy heroin. Who purchases heroin from his co.smugglers and for supply they are returning to village Lodhi Gujjar Police Station Lapoke. If both will be apprehended and searched, then heroin can be recovered.
As the information is credible and reliable, I SI/SHO briefed the fellow employees and start barricading at the turn of Bhindi Nain, border side and start checking the vehicles. Then 2 youngsters came on one motorcycle bearing no. PB. 02.CS.4347 mark CT 100 of black colour, on seeing Police Party the rider of the motorcycle immediately started taking u turn.
$$ Lapoke District Amritsar. To whom SI/SHO told my name, rank, and deployment and told that I have Pususpicion that you have heroin. So you will be searched but you have legal rights if you want your search by Gazetted Police officers or any other gazetted officer or by Magistrate, then I can make arrangements. On which Ajaypal Singh and Harpal Singh said together to I SI/SHO that we want to be searched by Gazetted Police officer, on which separate consent memo of Ajaypal Singh and Harpal Singh were prepared, signature of witnesses were taken on memo. Ajaypal Singh and Harpal Singh signed the memo Then I SI/SHO called Shri.
Gurinderpal Singh PPS Deputy Superintendent of Police Sub Division Atari District Amritsar via phone and informed about the situation and requested to come at the spot, after some time Gurinderpal Singh PPS Deputy Superintendent of Police Sub Division Atari on Government vehicle along with personal staff reached at the spot and introduced himself, his name, rank, deployment to Ajaypal Singh and Harpal Singh and told that I am wearing uniform, my name plate is attached, I am gazetted officer of Punjab Police. I have a suspicion that you have heroin. You will be searched but you have legal rights if you want your search by me or any other gazetted officers or by Magistrate so I can make arrangements.
On which Ajaypal Singh and Harpal Singh said together to DSP that we trust you and you can search us on which separate consent memo of Ajaypal Singh and Harpal Singh prepared Signatures of witnesses were taken on the memo. Ajaypal Singh and Harpal Singh signed the тето. Before searching Ajaypal Singh and Harpal Singh Police Party tried to involve public witness but no passer.by joined the Police Party. Everyone shows their compulsion goes from there. Then I SI/SHO get search instructions from DSP and searched Ajaypal Singh and Harpal Singh turn by turn. Then from Ajaypal one small bottle which was filled by heroin, tied around his waist was recovered. The recovered plastic bottle was weighed on an electronic weighing machine, which weighed 300 grams along with the bottle.
The parcels of recovered heroin was prepared and I sealed it with my stamp JS and DSP sealed it with his stamp GPS. The sample stamp was prepared separately. After use I SI/SHO handed over stamp to ASI Lakhwinder Singh 205 and after use DSP kept his stamp along with him. The recovered heroin was taken into Police Custody by a separate memo. Then on searching Harpal Singh 200 Rs Note of Indian currency was recovered from the right pocket of the pent worn by him which was taken into the Police Custody by a separate memo. Recovered motorcycle bearing no. PB.02.CS.4347 mark CT100 of black colour was taken into Police Custody as evidence by separate memo. Ajaypal Singh and Harpal Singh had committed offences under section 21/23/29/61/85 NDPS Act by keeping heroin in their possession.
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2 $* "6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure
$$ resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other."
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' "20. The standard to be considered therefore, is one, where the court would look at the material in a broad manner, and reasonably see whether the accused's guilt may be proved. The judgments of this court have, therefore, emphasized that the satisfaction which courts are expected to record, i.e., that the accused may not be guilty, is only prima facie, based on a reasonable reading, which does not call for meticulous examination of the materials collected during investigation (as held in Union of India v. Rattan Malik). = ) ' '' ) )/> )
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Having regard to these factors the court is of the opinion that in the facts of this case, the appellant deserves to be enlarged on bail.
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Jails are overcrowded and their living conditions, more often than not, appalling." 54 7 2*' $*(
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