HC raps police, calls for action

Saurabh Malik

Tribune News Service

Chandigarh, February 17

Taking cognisance of police failure to arrest an accused in a drugs case even five months after the FIR, the High Court has rapped the investigating officer before directing action by the competent authority.

The direction by Justice Mahabir Singh Sindhu came on a petition filed by Manga Singh against the state. He was seeking anticipatory bail in an FIR registered on September 28 last year under the NDPS Act at the Pinjore police station.

Referring to an affidavit filed by the police, Justice Sindhu asserted that six cases were pending against the petitioner, including two under the NDPS Act. Justice Sindhu stated that the question to be decided at the current stage was whether pre-arrest bail was required to be granted to the petitioner.

Going into the principles of legal dealing, Justice Sindhu asserted that truthfulness of allegations in the FIR was not to be determined by holding a parallel trial in an anticipatory bail petition and rather, allegations were to be taken on face value, coupled with material available with the police.

Justice Sindhu added that pre-arrest bail was a relief not to be granted just at the asking of an accused in a routine manner and was to be granted in exceptional circumstances. Justice Sindhu pointed out that its purpose was not to save the accused from custodial interrogation, which resulted in extraction of relevant facts from his mouth, but to maintain balance between both sides.

Justice Sindhu added the petitioner’s custodial interrogation was necessary for an effective investigation. Justice Sindhu said that in case the same was denied to the investigating agency, it would leave several loopholes, affecting the administration of justice.

Drugs Case 

• Accused seeks anticipatory bail in FIR registered on September 28 last year
• Six cases pending against petitioner, including two under the NDPS Act