BEG RAJ AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The powers of the police to further investigate the matter, in which report under Sec. 173 Cr.P.C. is submitted to the court, arise for consideration in this case. Petitioners have impugned the order passed by Addl. Sessions Judge, Sirsa, whereby the court has declined to accept the cancellation report filed by the police under Sec. 173(8) Cr.P.C. upon further investigation of the matter, though earlier challan against the petitioners was filed. The petitioners have questioned the order mainly on the ground that the court is not justified in declining to accept the cancellation report only on the ground that matter was reinvestigated (so referred but should be further investigated) without permission of the court.

(2.) The facts, in brief, are that FIR under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, was registered against the petitioners on 13.1.2001 at Police Station Sadar, Dabwali. The allegations in the FIR would reveal recovery of alarmingly high quantity of poppy -husk of 100 bags loaded in a truck and hidden under the bags of DDT powder. This recovery was effected on the basis of an information given by the special informer, who had disclosed to the police that a truck bearing registration No. HYN -7766 was parked near Hotel of Ram Niwas Aggarwal, resident of Sagria and was having 100 bags of poppy -husk loaded therein and kept under the bags of DDT powder. As per the information, this truck was of Hans Raj Kamboj, resident of village Khairpur District Sirsa. It was further alleged that the truck owner alongwith his cleaner Rai Sahab (petitioner No. 2) and Beg Raj (petitioner No. 1) had brought this poppy husk in the said truck and all the four persons were statedly sitting in the said truck at the time of information. On receipt of this information, the police officials reached Hotel of Ram Niwas Aggarwal at Asha Khera and found the truck parked there. On seeing the police jeep, four persons sitting in the truck immediately jumped and fled towards the fields. Petitioners Rai Sahab and Beg Raj were known to SHO Randhir Singh as well as to ASI Ram Kishan and were called by their respective names by the said police officials while they were running from the scene. On search of the truck, 100 bags of poppy husk, which were found loaded and hidden under the bags of DDT powder, were recovered. Each bag weighed 40 kgs., which were taken in possession. This led to investigation of the case. On completion of investigation, challan under Sec. 173 Cr.P.C. was filed and charge against accused Hans Raj was framed. The present petitioners Beg Raj and Rai Sahab could not be arrested and were declared proclaimed offenders. Hans Raj was granted anticipatory bail.

(3.) During the pendency of the proceedings against Hans Raj after filing of the challan and framing of the charge, as stated, the police took up the case for re -investigation against the petitioners without seeking any permission from the court. Having done so, SHO Police Station Sadar, Dabwali filed a report under Sec. 173(8) Cr.P.Cs. seeking cancellation of the case against the petitioners. Noticing these facts, Addl. Sessions Judge, Sirsa found this action of the police to be vitiated as the matter was re -investigated (or further investigated) without any permission from the court and accordingly rejected the cancellation report submitted by the police under Sec. 173(8) Cr.P.C. It would be worth noticing that charges against accused Hans Raj had already been framed and evidence was being recorded when cancellation report was filed. This order is impugned by the petitioners mainly on the ground that the court is not justified in rejecting the cancellation report simply on the ground that reinvestigation was done by the police without taking permission from the court.