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HC asks Punjab to probe how drug-related files went missing

Chandigarh: The Punjab and Haryana high court has directed the Punjab government to investigate how files pertaining to orders passed by a trial court and high court in a drugs case went missing from official records in Ferozepur

Published on: Aug 25, 2022, 01:14:15 IST
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Chandigarh: The Punjab and Haryana high court has directed the Punjab government to investigate how files pertaining to orders passed by a trial court and high court in a drugs case went missing from official records in Ferozepur. The high court bench of justice Amol Rattan Singh also imposed a fine of 50,000 on station house officer (SHO), Ranjit Singh, now retired, for contempt of court.

The matter pertained to a drugs seizure case in which a first information report (FIR) was registered against one Balwinder Singh on February 19, 2016, at the Ferozepur Cantt police station.
The matter pertained to a drugs seizure case in which a first information report (FIR) was registered against one Balwinder Singh on February 19, 2016, at the Ferozepur Cantt police station.

The matter pertained to a drugs seizure case in which a first information report (FIR) was registered against one Balwinder Singh on February 19, 2016, at the Ferozepur Cantt police station. During proceedings in the trial court, the accused sought call records of the police personnel who had arrested him at a checkpoint. Balwinder claimed he was not arrested from the spot claimed by the police.

The trial court sought call records and tower locations of officials involved in the arrest on May 17, 2016, and again on January 4, 2017. When the matter reached high court, the HC also directed for the same on August 3, 2016. But the order was not complied with. It came to light that orders passed were not brought to the knowledge of senior officials, including senior superintendent of police from time to time.

The police have now claimed that the matter was brought to the knowledge of then SSP Manvinder Singh, who has died, in a letter on April 28, 2016.

Ravinder Kumar Bakshi, who was SSP between July 27, 2016 and December 23, 2016, when put on contempt notice by the high court, had filed that the orders passed were not brought to his notice. The present SSP, Surinder Lamba, appeared in the court stating that the original file with regard to the court proceedings is missing and an inquiry would be initiated.

“Though it would be difficult for this court to accept completely that the SSP was never made aware of any of the orders, nobody can be punished for willfully disobeying court orders,” the bench observed granting ‘benefit of doubt’ to the SSPs.

“..undoubtedly the orders passed by the trial court, and this court, directing the call details record of the police party as is stated to have arrested the petitioner, were duly conveyed at least to the SHO, Ranjit Singh,” the court concluded adding that he can’t be held to be not guilty of deliberate disobedience of the court orders.

Holding him guilty of willfully disobeying the court orders, the HC observed that harsh punishment should be given to him and imposed a fine of 50,000 on him. The fine should be deposited in high court registry within a month, the court directed. The HC further directed the state government that the probe into the missing files should be completed within four months and court be apprised of findings on December 12.

  • Surender Sharma
    ABOUT THE AUTHOR
    Surender Sharma

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