RAMESH KUMAR @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS case is another glaring example where a crude method has been adopted to declare an accused as innocent holding that he was not prima facie guilty of having been found in possession of 5 litres of codeine phosphate and 1000 tablets containing diphenoxylate hydrochloride. The recovery was effected and established as per investigation of ASI Avtar Singh, SHO and DSP. It appears that wife of accused on 14.8.2012 filed an application before the Senior Superintendent of Police, Barnala saying that her husband had been falsely implicated. The inquiry was conducted by Shri Harwinder Singh D.S.P. Tapa, who came out with a new story that the petitioner had lifted the contraband innocently after the same had been thrown by some unidentified bikers. Surprisingly, disbelieving the story of ASI Avtar Singh Investigating Officer, the petitioner was declared innocent and an application for discharge of the accused was filed in the court purporting to be report under section 169 Cr.P.C.

(2.) LEGALLY , believing the report, the petitioner in view of the duel version, is entitled to be released under Section 169 Cr.P.C. At the same time, it is observed that the story of the prosecution that ASI Avtar Singh along with HC Bhola Singh and other police officials had intercepted the petitioner carrying a bag which on search was found containing 1000 intoxicant tablets of white colour along with plastic cane containing 5 litres intoxicant liquid and the same was produced before Sanjiv Singla SHO who had sealed and prepared parcels of the case property; the property was even produced before the learned Judicial Magistrate and deposited in Malkhana, has not till date been falsified.

(3.) TAKING into consideration the peculiar facts and circumstances of the case, instead of granting concession of bail to the petitioner, a direction is issued to the trial Court to conclude the trial. Bail application is dismissed.