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Call records belie Punjab cops’ claim, high court grants bail to 2 drug case accused

The high court bench also directed the trial court in Punjab that it should scrutinise evidence meticulously as ’some kind of doubt in the conduct of police has been created’

Updated on: Oct 14, 2021, 01:34:41 IST
By , CHANDIGARH
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The Punjab and Haryana high court has granted bail to two persons accused in a Faridkot drug seizure case upon finding that the call records of a deputy superintendent of police (DSP) and a sub-inspector (SI) did not match with the location they showed as place of arrest.

The Punjab and Haryana high court was dealing with bail petitions seeking transfer of the probe into drug case to the CBI.
The Punjab and Haryana high court was dealing with bail petitions seeking transfer of the probe into drug case to the CBI.

The bench of Justice Gurvinder Singh also directed the trial court that it should scrutinise the evidence meticulously as “some kind of doubt in the conduct of the police has been created”.

The court was dealing with two bail petitions of Sahil Kumar and Ajay Kumar Jindal and another plea from Sahil’s brother seeking transfer of the probe to the CBI in the case registered on November 11, 2020 at Kotkapura police station.

The police had claimed that synthetic drugs were seized from Sahil and Jindal was arrested on his disclosure statement. Sahil was purportedly arrested by SI Kulbir Singh in the presence of DSP Jaspal Singh, according to the FIR.

Sahil’s counsel had produced in the court both the officers’ call records that showed neither the SI nor the DSP were in the places of arrest at the time. He had argued that no disclosure statement was given to police and that it was a false implication upon his vehicle hitting a car with some police officials, which was being driven by SHO, Sanjeev Kumar.

Jindal’s counsel had claimed that he was falsely implicated by SI Kulbir Singh in another drug seizure case in December 2019. The trial court had asked police to preserve the CCTV footage of police station on the date of arrest. But the order was not complied with. In a subsequent inquiry he was exonerated. It was also informed that in March 2020 he moved the high court seeking action against the SI for false implication.

“The police will also be required to explain their conduct, particularly with regards to their failure to preserve the CCTV footage despite the trial court order,” the HC bench said. It, however, declined to the transfer the probe to the CBI since chargesheet had been presented.

  • Surender Sharma
    ABOUT THE AUTHOR
    Surender Sharma

    Surender Sharma is a principal correspondent at Chandigarh. He covers Punjab and Haryana high court.