JAGAN NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Crl. Misc. No. 57411-M of 2004, filed by Jagan Nath, and Crl. Misc. No. 15263-M of 2005, filed by Janak Singh and four others for quashing of FIR No. 224 dated 14.7.2003 under Sections 195, 211, 167, 342, 389 and 109 IPC, registered at Police Station Civil Lines, Karnal, District Karnal, along with all the subsequent proceedings.

(2.) The brief facts of the case are that in the month of June, 2003, petitioner Jagan Nath was working as Sub Inspector, Excise Staff Incharge, Karnal. On 19.6.2003, he along with other officials, including the petitioners of Crl. Misc. No. 15263-M of 2005 apprehended one Puneet Kumar son of Om Parkash and got registered FIR No. 195 at Police Station Civil Lines, Karnal, under Section 18 of the NDPS Act, against him on the allegation that 2 1/2 Kgs. of opium was recovered from his possession. In the FIR, it was alleged that when the said Puneet Kumar was coming from Model Town to G.T. Road, Santoshi Mata Mandir, Model Town, Karnal, having a plastic bag in his right hand, he was apprehended on suspicion and his search was made in the presence of DSP, AEC Karnal and from his possession, 2 1/2 Kgs. of opium was recovered.

(3.) After registration of the said case, Om Parkash, father of accused Puneet Kumar made a complaint before SSP, Karnal, stating therein that his son Puneet Kumar was falsely implicated by the petitioners. On the said complaint, DSP, Headquarters, Karnal was directed to hold an enquiry into the matter. After the enquiry, DSP, Headquarters, Karnal, submitted his report dated 14.7.2003, in which it was reported that FIR No. 195 dated 19.6.2003 was registered against Puneet Kumar on the basis of false facts. During the enquiry, it was found that the alleged opium was planted upon accused Puneet Kumar, whereas actually the said opium was recovered from the house of one Balram.