GURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been preferred by Gurinder Singh under Sec. 438 Code of Criminal Procedure, feeling apprehension of his arrest in case FIR No.356 dated 02.11.2014 under Sections 399, 402, 489, 473, 419, 411 Penal Code and Sections 25, 54, 59 of Arms Act and Sections 15, 18, 21, 22, 29, 61 and 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act') registered at Police Station Tripuri, Patiala.

(2.) The instant case stands registered on the basis of secret information received by SI Gurnam Singh to the effect that the present petitioner along with Amrik Singh, Jagsir Singh, Sher Singh @ Shera, Saravpreet Singh etc., while armed with deadly weapons committed dacoity and are also engaged in the sale of drugs etc. and also dealing in drugs and intoxicants. On the basis of the said information, the raid was conducted. Some of the accused were arrested, whereas the petitioner-Gurinder Singh is stated to have fled away from the place of occurrence, however, during the course of investigation, deadly weapons were recovered from a car of the arrested persons.

(3.) The contention of the learned counsel for the petitioner is that the petitioner was a police informer and was used as Black Cat by the Punjab Police for a considerable period. Later on, he got married and decided to lead a peaceful life but police kept on pressuring him to act as such. When he declined, he was involved in number of false cases and was even detained illegally and subjected to inhuman treatment. Even a writ petition was also preferred by him seeking direction to the police officers not to harass him or to compel him to act as a police informer. During the pendency of the said writ petition, Mr. Anil Kaushik, IPS, Inspector General of Police, Zone-1, Punjab, Patiala also filed his affidavit admitting that earlier the petitioner was working as a police informer but subsequently, he declined. Even the concerned SSPs were also directed to serve one week notice to the petitioner if he is at all required or is to be arrested in any case.