ARIF Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-9-22
HIGH COURT OF UTTARAKHAND
Decided on September 09,2013

ARIF Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) ORDER dated 26.08.2013 reads ad under: "This is an application seeking regular bail in Case Crime No. 171 of 2013, under Sections 8/20 of Narcotics Drugs and Psychotropic Substance Act, Police Station Patel Nagar, District Dehradun. As per the prosecution story, on 30.05.2013, SI Narottam Singh Bisht, along with Constable Anup Mishra, Constable Satendra Singh, Constable Manoj Kumar, Constable Garuav Chaudhary and Constable Arshad Ali, left the Police Station, Patel Nagar, vide Rapat No. 12 at 08:30 a.m. for patrolling duty and for the search of the accused; when police party reached near Chandrabani Cremation Ground, applicant was seen coming from the side of Sevla Khurd; applicant was apprehended at 01:00 p.m., carrying 6.5 Kg. Charas; SI Narottam Singh Bisht made contact with SDM/CO for the purpose of requesting them to come on the spot for personal search of the applicant, as required under Section 50 of NDPS Act; however, both, SDM and CO, were busy in other official work, therefore, could not reach on the spot. Chik FIR was got registered on 30.05.2013 at 03:20 p.m. by SI Narottam Singh Bisht. Mr. Manish Arora, learned counsel for the applicant, submitted that applicant was falsely implicated and was not arrested from the spot. FIR entries in CD. are anti time. This Court vide orders dated 02.08.2013 and 20.08.2013, called call details and locations of the mobile phones of the Arresting Officer as well as of the Circle Officer. Call details of SI Narottam Singh Bisht, Arresting Officer were submitted along with the affidavit of Aman Chaddha on 16.08.2013 and location of the mobile phone of Arresting Office has been filed along with the affidavit of Shri Aman Chaddha, today in the Court. As per the call details, location of the mobile of SI Narottam Singh Bisht on 30.05.2013, was in the area of Banjarawala till 09:17 a.m. and was in Clementown at 09:34 a.m. and at 13:09 (01.09 p.m.) was within the area of Clementown; call details further reveals that call was made by SI Narottam Singh Bisht's by Mobile No. 8273734610 to Circle Officer on his Mobile Phone No. 9411112089 at 03:14 p.m. Considering the totality of the facts and circumstances of the case, I direct, let the accused/applicant be enlarged on interim bail on furnishing his personal bond of Rs. 50,000/ - and two sureties, each of the like amount, to the satisfaction of Special Judge, NDPS, Dehradun, till further orders. Meanwhile S.S.P., Dehradun, is directed to file his personal affidavit, specifically stating therein the following points: - 1) Name and identification of the mobile tower of the mobile company of the mobile phone, owned by Arresting Officer SI Narottam Singh Bisht, where under Police Station Patel Nagar situates. 2) As to whether SI Narottam Singh Bisht and other Constables mentioned in the FIR, as per their mobile locations were present in the thana in the morning of 30.05.2013 and left the thana at 08:30 a.m. as alleged in the FIR. 3) As to whether, as per the location of the mobile phone of the Arresting Officer and other Constables of the members of police party, headed by SI Narottam Singh Bisht, were present about 01:00 p.m. on 30.05.2013 near Chandrabani Cremation Ground, as alleged in the FIR. 4) As to whether, Arresting Officer SI Narottam Singh Bisht was present in the thana at 03:20 p.m. at the time of registration of FIR, as per his mobile location. If during the inquiry, S.S.P., Dehradun finds that a false case is made out by SI Narottam Singh Bisht and members of the team, action taken against them, shall also be narrated in the affidavit. Necessary affidavit shall be filed within 10 days from today, positively."
(2.) MR . Kewal Khurana, Senior Superintendent of Police, Dehradun filed his own affidavit and para 4 of his affidavit reads as under: "4. That in reply to the above queries and directions of the Hon'ble Court, as mentioned above, the deponent most respectfully submits before the Hon'ble Court the following reply: (a) That the mobile number of Arresting Officer SI Narottam Singh Bisht, which is being used is 8273734610 and it relates to Uninor Company. The Cell ID of Uninor Company at P.S. Patel Nagar is 3533 which cover the network of tower situated at the premises of Anand Kukreti, S/o. Suresh Kukreti, R/o Kargi Road bypass, Subhash Vihar, Dehradun. (b) That in reply to the contents of point No. 2 of the query, it is most respectfully submitted that by the police personnel namely (1) SI Narottam Singh Bisht, Mobile No. 8273734610 of Uninor Company (Tower No. 23533); (2) Constable Anoop Mishra, Mobile No. 9897904201 of Airtel Company (Tower No. 18253); (3) Constable Manoj Kumar, Mobile No. 9759994903 of Vodafone Company (Tower No. 25082); (4) Constable Arshad, Mobile No. 7500774454 of Idea Company (Tower No. 54632); (5) Constable Gaurav Chaudhary, Mobile No. 8273325646 of Uninor Company (Tower No. 23533); (6) Constable Satender Singh Negi, Mobile No. 9412957604 of BSNL are being used at the relevant point of time and after perusal of the CDR the locations of the aforesaid mobile numbers were not found present at P.S. Patel Nagar at the relevant point of time. (c) That in reply to the query as made in point No. 3, it is most respectfully submitted that after the perusal of the CDR as provided by the network operator and thorough checking made in this regard by visiting the spot Chandrabani Cremation Ground as per the resources available with the SOG Team, the location of the police team having aforesaid mobile phone numbers could not be found near Chandrabani Cremation Ground at the relevant point of time. (d) That in reply to the query as made in point No. 4, it is most respectfully submitted that at 3.20 p.m. the location of the mobile of SI Narottam Singh Bisht was not found present within the zone of mobile tower of PS Patel Nagar. For kind perusal of the Hon'ble Court, photocopies of the call details of concerning mobile phone numbers of aforementioned police personnel are collectively being filed herewith and marked as Annexure No. 1 (collectively) to this affidavit. At this juncture, it is also necessary to mention here that in compliance of the direction of the Hon'ble Court issued vide order dated 26.08.2013, the matter was examined by the deponent and prima facie, it was revealed that as per call details the locations of the mobile phone numbers of the concerning police personnel are different, which creates a suspicion. As such in this regard, order dated 03.09.2013 is issued for initiation of preliminary departmental inquiry against the concerned police personnel. This preliminary departmental inquiry will be conducted by the Superintendent of Police (Rural), District Dehradun and after completion of inquiry proceedings action will be taken against the concerned police personnel. For kind perusal of the Hon'ble Court, copy of the order dated 03.09.2013 is being filed herewith and marked as Annexure No. 2 to this affidavit." In view of the affidavit filed by Mr. Kewal Khurana, Senior Superintendent of Police, Dehradun, present case seems to be a glaring example of malicious and false prosecution. Senior Superintendent of Police, Dehradun has stated that Superintendent of Police (Rural), Dehradun shall hold an inquiry against the guilty police officials of the team, who had arrested the applicant.
(3.) LEARNED counsel for the applicant submits that only departmental inquiry against the police personnel would amount to eyewash, therefore, appropriate criminal proceedings should also be initiated against the delinquent police officers for falsely implicating the applicant.;


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