Recently the Punjab and Haryana High Court, while considering an Anticipatory Bail Application for FIR under Section 15 of NDPS Act observed in a number of cases it has been seen that the Accuse runs away after seeing Police and Police fails to catch him
Hon’ble Punjab and Haryana High Court has directed that overweight Police Officials should not be posted in case of NDPS involving raid.
The petitioner submitted that as per the contents of the FIR the police party saw a person coming, carrying a plastic bag and on noticing this, the accused thrown away the bag and ran from the spot.
Accused was chased by one Head Constable Jagjit Singh, who had stated that he knew him previously and his name is Malkit Singh @ Kaka (present petitioner).
It was further submitted that the petitioner is not involved in any other case; therefore, it is highly doubtful how Head Constable Jagjit Singh has stated that he knew the petitioner.
Further argument was also that the petitioner is a man aged about 45 years and the police party was comprising of number of officials, despite that it has been alleged that the petitioner managed to escape and the police was not able to catch him, therefore, entire story, seems to be doubtful.
Counsel for the State submitted that the petitioner was nominated, as Head Constable Jagjit Singh, who was a member of the police party, had stated that the person, who ran away from the spot, is Malkit Singh @ Kaka.
After hearing learned counsel for the parties, Punjab and Haryana High Court observed that the petitioner is 45 year old man and is not involved in any other case, also despite the fact that 4-5 police officials were present accused managed to run away from the spot, raises a serious doubt about the incident.
The Punjab and Haryana High Court allowed the anticipatory bail application subject to the conditions envisaged under Section 438 (2) Cr.P.C.
Hon’ble Judge of Punjab and Haryana High Court observed that it has been noticed in some of the cases under NDPS Act and majority of cases under Excise Act the accused manages to run away on seeing the Police Party, further in some cases it has been seen that, while raiding house of the accused person, he jumped from the roof and police party failed to arrest him.
Accordingly, the Punjab and Haryana High Court directed Additional Director General of Police, Bureau of Investigation, Punjab to sort out such FIRs specially under the Excise Act, where the accused ran away in presence of the police party and also try to find out the reasons as to why the same thing is happening again and again.
The Additional DGP, Bureau of Investigation, Punjab has been further directed not to depute/post such police officials especially those who are overweight and unable to run and have failed to catch the accused, in the investigation of such cases despite the fact that the accused persons are either of middle age and even older person, as it is noticed in number of cases.
Further, the court observed that the physical fitness test of all the police officials, who failed to arrest the accused person, be conducted at the Police Training Academies in presence of a team of doctors.
Court has also directed that if there is need then all such police officials be sent for physical training of three months to make them physically fit for conducting the raid or the Additional DGP, will explore the option of deputing young and fit officials, where the raid under the Excise Act is required to be conducted.
The Court has called upon report from the ADGP, Bureau of Investigation, Punjab.
Title- Malkit Singh @ Kaka vs State of Punjab
Coram-Hon’ble Mr. Justice Arvind Singh Sangwan
Date of Order-08.10.2020
Mr. Rajesh Bhatheja, Advocate for the petitioner.
Mr. Joginder Pal Ratra, DAG, Punjab.