SEEMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . Learned counsel for the petitioners has argued that the petitioners have been falsely implicated in the present case. Petitioner No. 1 is stated to be a lady having a three months old child and she could not have in any case run away in front of seven police officers raiding party having jeep and weapons, as claimed by the prosecution. However, the learned counsel points out that even 200 bottles of whisky have been planted upon the petitioners because the prosecution agencies recover bottles in other cases and out of such recovery some bottles are planted in other cases involving innocent persons. I do not intend to discuss the merits of these submissions at this stage to avoid prejudice to either of the parties during the course of trial.

(2.) HOWEVER , keeping in view the facts and circumstances of the case the petitioners are directed to be released on bail subject to their furnishing a bond in the sum of Rs. 10,000/ - each with one surety of the like amount each to the satisfaction of arresting officer. It is directed that the petitioner No. 2 shall be present before the investigating officer from 6.3.1997 till 13.3.1997 every -day at 10.00 A.M. and would not leave the police station without the leave of the investigating officer. The petitioner No. 1 shall also co -operate in the investigation. This petition is accordingly disposed of.

(3.) BEFORE parting with this file, it has to be mentioned that arguments of the afore -stated kind are addressed in number of cases right at the initial stages, specially in cases involving offences under the Narcotic Drugs and Psychotropic Substances Act. It is often argued that the contrabands recovered are not destroyed upon decision of cases and are allegedly utilised for falsely implicating certain other persons. I would not embark upon conducting an enquiry into this matter at this stage but I consider it appropriate and in the larger administration of criminal justice that the State of Punjab, State of Haryana and Union Territory Administration, Chandigarh should be directed to take appropriate measures to ensure discharge of statutory duty and orders of the Court for destroying the contrabands which are case properties in various cases. It is the directive of law that in all cases where the convict is acquitted or convicted the contraband must be destroyed and there should be no chance of its being put to circulation again under any circumstances. Thus, it is appropriate to direct these States to file statement before the Registrar of this Court as to how much of contrabands like poppyhusk, opium, charas or other contrabands under the Narcotic Drugs and Psychotropic Substances Act and liquor bottles have been recovered. Further making a clear mention as to how much contrabands have been destroyed after decision in accordance with law and in furtherance to the orders of the Court. The statement must also indicate the place where balance contrabands are lying while confirming the physical verification of such contrabands and the fact that due entries have been made in the police Malkhana Register. In order to avoid any discrepancies in such statements it is directed that such verification shall be done by SSP/SP of the District.