SURJIT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of LPA No.1250 of 2012 and CWP No.7315 of 2012 which was ordered to be listed for hearing along with appeal on 1.10.2012.

(2.) In brief, the appellant was enrolled as Assistant Sub Inspector in the Department of Police, Haryana on 1.10.1977, promoted as Sub Inspector in 1990 and Inspector in the year 2004. He was posted as Sub Inspector and was incharge of CIA Staff, Panchkula in the year 2003 when he registered one FIR No.156 dated 27.2.2003 under Sections 18/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station, Sector 5, Panchkula, against Kasturi Devi and Satish Kumar on account of possession of 148 grams of opium. Both the accused were arrested because 110 grams of opium was recovered from the conscious possession of Kasturi Devi and 38 grams from the conscious possession of Satish Kumar in the presence of Deputy Superintendent of Police, Panchkula.

(3.) However, according to the allegation, the appellant himself declared Satish Kumar as innocent on 6.3.2003 without any basis and did not get his innocence verified either from the SHO, Police Station, Sector 5, Panchkula or from any Gazetted Officer. The challan was presented against Kasturi Devi on 17.4.2003, who was tried by the Special Court, Panchkula and was acquitted on 2.12.2005 on account of benefit of doubt.