BABU RAM Vs. COURTS OF ITS OWN MOTION

JUDGEMENT

(1.) The appellant, who is a Head Constable in the Punjab Police Force, stands convicted and sentenced to a simple imprisonment of six months and a fine of Rs. 2000/- under section 12 of the Contempt of Courts Act. The facts which have been found by the learned Single Judge as established against him are as follows: One Gian Singh, resident of village Hassanpur, District Gurdaspur, was convicted and sentenced by the Additional Sessions Judge under section 302 of the Indian Penal Code and after serving a sentence of about eight years imprisonment, he moved the Supreme Court for his premature release. During, the course of proceedings pending before that Court, he was ordered to be released on bail. However, ultimately the petition filed by him was dismissed by the Court and he was ordered to be re-arrested for serving unexpired period of the sentence of imprisonment. Number of non-bailable warrants issued against him through the S.H.O., Police Station Saddar, Batala, remained unexecuted. One such warrant was issued for. the arrest of Gian Singh on August 18, 1981 and the prosecution of this warrant was to be carried out by September 16, 1981. The warrant was duly endorsed by the Chief Judicial Magistrate, Gurdaspur, to the S.H.O., Police Station, Saddar, Batala who in turn is stated to have entrusted this warrant for execution to Babu Ram appellant ort August 26, 1981. This warrant was received back unexecuted but with the personal and surety bonds purported to have been executed by Gian Singh on September 14, 1981. In terms of these bonds, Gian Singh was to surrender before the Cart on the date fixed, i.e.. September 16, 1981. Both these bonds were attested by Detective Foot Constable Tara Chand, No. 1974, of Police Station, Saddar, Batala and some other persons other than the appellant. Gian Singh, however, did not surrender on the date fixed, i.e., September 16, 1981. As the learned Single Judge prima facie formed the opinion that the order of the Supreme Court directing re-arrest of Gian Singh and the non-bailable warrants issued against him by the Sessions Judge through the Chief Judicial Magistrate as well, remained unexecuted and this amounted to non-compliance of these orders, he directed the Sessions Judge, Gardaspur to hold an enquiry to fix the liability of the persons concerned for this non-compliance of the orders. As a result of the enquiry that followed, the Sessions Judge vide his report dated nil recorded the following findings:

(2.) On the receipt of the wan ant in the Police Station, Head Constable Santokh Singh No. 1019 who at the relevant time was working as Moharrar Head Constable, endorsed the said warrant in the name of the appellant (Head Constable Babu Ram). An entry to this effect was made in the relevant register by Madad Moharrar Vijay Kumar.

(3.) Mr. Mittal, now appearing for the appellant vehemently urges that the order under appeal deserves to be set aside for more than one reasons. Firstly, no proper or fair opportunity has been afforded to the appellant during the course of enquiry held by the Sessions Judge, Gurdaspur, inasmuch as he was not allowed to cross-examine the witnesses whose depositions had been recorded by the said Judge. As a matter of fact he was never made aware that the enquiry in question was in anyway directed against him. Secondly, there is hardly any material to support the finding that the warrant in question was ever endorsed to the appellant or it reached his hands. Having heard the learned counsel for the parties at some length we find that the appeal deserves to succeed on both the counts.