KARAMJIT SINGH BHULLAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has assailed the order dated 21.11.2016 passed by Additional Sessions Judge, Kapurthala and resultant charge-sheet of the even date, vide which charges were framed against the petitioner in case bearing FIR No.180 dated 30.07.2015 registered under Sections 384, 506 IPC, Sections 27-A, 59(2) of NDPS Act and Sections 7, 13(2) of the Prevention of Corruption Act at Police Station Kotwali, Kapurthala.

(2.) Vide the aforesaid order and the charge-sheet, the petitioner was charge-sheeted for the aforesaid offences by alleging that on or before 06.07.2015 in the area of Modern Jail, Jalandhar at Kapurthala, the petitioner intentionally put the under-trials/prisoners namely Ravi Shankar, Sukhdev Singh @ Bhutto, Sukhvinder Singh, Amarbir Singh Bajwa, Jaskaran Singh Kalsi, Harsh Gosain, Raju Singh, Chander Dhir and Simaranjit Singh in fear of harsh duty and dishonestly induced them under that fear to deliver money to the petitioner and thus committed offence of extortion punishable under Section 384 IPC. Secondly, on the same date, time and place, the petitioner committed the offence of criminal intimidation by threatening the under-trials/prisoners in the said context and thus committed an offence under Section 506 IPC. Thirdly, on the same date, time and place, the petitioner indulged in financing directly or indirectly the activities of selling narcotics and harbored the undertrials/prisoners namely Rajesh Pandit, Kuldeep Manak etc for selling narcotics and engaged them in such activities and thus committed an offence under Section 27-A of NDPS Act. Fourthly, on the same date, time and place, the petitioner being the public servant/officer of jail was given custody of the under-trials/prisoners and he willfully aided in selling of intoxicant substance through undertrials/prisoners to other under-trials/prisoners and as such, violated the provisions under Section 59(2) of NDPS Act and thus committed an offence punishable under Section 59(2) of NDPS Act. Fifthly, on the same date, time and place, the petitioner being the public servant, accepted or agreed to accept from the undertrials/prisoners for himself or for any other person, gratification other than legal remuneration as a motive or reward for doing any official act to show favour or dis-favour to under-trials/prisoners in custody to render service or dis-service to them and thus committed an offence under Section 7 of the Prevention of Corruption Act. Sixthly, on the same date, time and place, the petitioner being the public servant committed criminal misconduct by selling narcotics through under-trials/prisoners namely Rajesh Pandit, Kuldeep Manak etc and thus committed an offence under Section 13(2) of the Prevention of Corruption Act.

(3.) Fir in question was registered on 30.07.2015 in Police Station Kotwali Kapurthala, District Kapurthala on the basis of verification and report submitted by Lakhwinder Singh Jakhar, DIG Jails-cum-Chief Vigilance Officer, Jail Department, Punjab, Chandigarh. The verification report was done in the context of memo No.20437/C dated 10.07.2015 issued by S.S.P, Kaputhala, vide which allegations were made against the petitioner, who was working as Assistant Superintendent in the jail. The allegations were in respect of extorting money from the inmates and for supply of intoxicants inside the jail. Lakhwinder Singh Jakhar, DIG Jails-cumChief Vigilance Officer was assigned the duty to verify the allegations leveled against the petitioner in the report of S.S.P, Kaputhala. Lakhwinder Singh Jakhar, DIG Jails-cum-Chief Vigilance Officer visited the jail premises on 19.07.2015, where inmates namely Ravi Shankar, Sukhdev Singh Bhutto, Sukhvinder Singh, Amardeep Singh Bajwa, Jaskaran Singh Kalsi, Harsh Gosain, Raju Singh, Chander Dhir and Simaranjit Singh made their statements before him.