PARVEEN ARORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer made in the petition is for grant of anticipatory bail to the petitioner in case FIR No.14 dated 11.11.2013 under Sections 420, 467, 468, 471, 218, 201, 120-B IPC and Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') registered at Police Station Vigilance Bureau, Punjab, Phase I, Mohali.

(2.) The case of the prosecution is that on 11.7.2012, Inspector Manjit Singh Brar, SHO, Police Station Shambhu intercepted Vinay Kumar and Karu Lal hailing from the State of Madhya Pradesh and recovered 10 kgs. of poppy husk from each one of them. One Randhir Singh was also intercepted with 5 kgs. of opium and 100 grams of smack and FIR No.100 dated 11.7.2012 under Sections 18 and 21 of the Narcotic Drugs and Psychotropic Substances Act was registered against the aforementioned Vinay Kumar, Karu Lal and Randhir Singh at Police Station Shambu, District Patiala. During the course of investigation, samples of the contraband were sent for analysis to the office of Chemical Examiner, Kharar but Dr. Rajvinder Pal Singh, Assistant Chemical Examiner, Kharar, in connivance with the aforementioned accused, wrongly mentioned lesser quantity of active ingredients in the samples so as to help the accused in getting bail for consideration. However, during the hearing of their application for regular bail, there arose suspicion in the mind of the Bench and, accordingly, on the basis of order dated 27.8.2013, fresh samples from the opium recovered from the accused persons were drawn. Those samples were deposited in CFSL, Chandigarh. In the three samples, 4.18%, 3.07% and 4.13%, respectively, of morphine was found. Therefore, it was established that Dr. Rajvinder Pal Singh, Assistant Chemical Examiner, Kharar had prepared a fudged report by mentioning less quantity of morphine in the samples of the opium, and, that too, without getting the samples analysed from any of the Analysts so as to give benefit to the accused. Accordingly, on the basis of ruqa sent by Director, Vigilance Bureau, Punjab, FIR No.14 dated 11.11.2013 came to be registered at Police Station, Vigilance Bureau, Punjab, Mohali.

(3.) During the course of investigation, it was discovered that there were large scale manipulations in the results obtained in respect of the samples of the contraband. The prescribed procedure for allotment of samples to the Chemical Analysts was not followed. Further, Dr. Rajvinder Pal Singh was found to have despatched reports of chemical analysis by making imaginary mention of active ingredients against the actual test results. Sometimes reports were also prepared without getting the samples analysed. The petitioner has been working as a Computer Operator in the office of Chemical Examiner, Kharar. HC Ashwani Kumar and HC Rakesh Kumar, who were also involved in the nefarious activities of getting favourable report from the Chemical Examiner, were found to have deposited various amounts in the account of the petitioner on different occasions. The vouchers against which various amounts were deposited by HC Ashwani Kumar and HC Rakesh Kumar in the account of the petitioner have been collected which indicate nexus between the petitioner and her co-accused as she had been receiving payments from different conduits for helping them in tampering the reports of analysis.