KIRAN PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is revision against the judgment dtd. 16/12/2016, passed by the learned Additional Sessions Judge, Ambala, affirming the judgment of conviction and order of sentence dtd. 21/3/2012, passed by the learned Special Railway Magistrate, Haryana, Ambala Cantt., vide which present revisionist was held guilt under Sec. 409 IPC and was sentenced to undergo rigorous imprisonment for two years and fine of Rs.2,000.00, in default thereof, to undergo further simple imprisonment for one month.

(2.) The facts of the case are that present revisionist was working as Moharar Malkhana, Government Railway Police, Ambala Cantt. In compliance of order/letter No. 20254-56, dtd. 20/5/2005, issued by Superintendent of Police, Railway, Ambala Cantt., a committee consisting of Kuldeep Singh, Deputy Superintendent of Police, Government Railway Police, Ambala Cantt., Gurbachan Singh, Inspector and Surjit Lal, Inspector, was constituted, which submitted its report on 3/7/2005. The committee checked the case property lying in the Malkhana at Government Railway Police, Ambala Cantt. It was found that UGC Kiran Pal is working as Moharar for last many years. During the course of checking, many items were found missing. It was also found that many articles were old one regarding which, the cases have already been decided, but the same have not been disposed of. Even the higher officers did not pay any attention to check up the Malkhana, nor any note was given. From time to time, many Moharars Malkhana were posted and they were transferred after some time. It was also found that many years back, there were floods in Ambala and the Police Station of Railway Police, Ambala Cantt. was flooded, due to which water logging had taken place in GRPS, Ambala Cantt., as a result of which one Constable Ram Chander, resident of Delhi, died. The room, in which case property was kept, had collapsed. After removing the debris, many items were recovered. Thereafter, in August, 2004, on 3/8/2004 again, there were floods in Ambala, as a result of which, again building of Police Station, Government Railway Police, Ambala Cantt. was flooded and many items lying in the Malkhana were destroyed, regarding which immediate Inspector Satpal, vide letter No. 238-5D, dtd. 28/2/2005, had sent the report that as a result of the flood, 211 items of the NDPS Act have been destroyed. The committee came to the conclusion that present revisionist was negligent, as a result of which these items were destroyed in flood. Therefore, departmental action was recommended against him. The departmental action was also recommended against Inspector Satpal. It was also found by the committee that Malkhana Register was also not properly maintained and no superior officer took care of same. Rather, same came to the notice of authorities on account of news item appeared in the newspaper, which compromised the secrecy of the police. On the basis of said report, FIR No. 121, dtd. 6/7/2005, under Sec. 409 IPC at Police Station GRP Ambala Cantt. was registered against revisionist. The investigation was carried out. It was found that the committee has prepared the report of case properties from the year 1972 to year 2001. Total items are 211, which were found missing. During the investigation, the lists of the missing items (Ex.P4 to Ex.P6) were prepared. It was found that 1538.125 kgs. poppy husk (as per list Ex.P4), 173.730 kgs. opium (as per list Ex.P5) and 17.375 kgs. charas, 368.800 kgs. ganja, 6 grams smack (as per list Ex.P6), were missing. The sanction for prosecution (Ex.P11) was obtained. The record (Annexure-P- 7/A) regarding posting of revisionist was also taken into possession. After investigation, challan was presented in Court.

(3.) The then learned Special Railway Magistrate, Haryana, Ambala Cantt. framed the following charge on 3/4/2007 :-