Court rebukes Daba SHO for not abiding by judicial rules
TNN | Mar 30, 2019, 07:53 ISTLudhiana: A local court came down heavily on Daba police station SHO for not following the judicial procedure in a drug peddling case.
Saying the SHO did not abide by the norms while presenting chargesheet in the case and handed it over to an unauthorised person, the court of additional sessions judge Amar Paul held that senior police officials should look into his conduct and take action.
On August 26, 2015, Daba police station had registered an FIR after 35g and 25g of an intoxicant powder was recovered from Jagjit Singh and Lakhwinder Singh, both residents of Daba, respectively.
Amandeep Bhanot, the counsel for the accused, said the chargesheet was prepared by the then SHO of Daba police station on January 15, 2016, and it mentioned that the chemical report of the powder was yet to be received. After four years, the police presented the chargesheet through naib court head constable Paramjit Singh, attached with Division 2 police station, and annexed a copy of the chemical report without mentioning about it, the counsel added.
Saying that the chargesheet was silent on the chemical report, the court observed, “The SHO has now sent head constable Paramjit Singh to present the challan in the case even as he is posted at Division 2 police station. In what capacity has he been sent?”
The court said as per the Criminal Procedure Code, the challan was to be presented by the Daba SHO. There was no explanation why it was not presented by him. Besides, there was no official from Daba police station to hold it out, it added.
While acquitting the accused, the court observed that according to the chemical report, no ingredients of any intoxicant substance had been found. Accordingly, no offence was made out under any provision of the NDPS Act against the accused. The court directed that the copy of the order be sent to the DGPs of Punjab and Chandigarh and the Ludhiana commissioner of police for taking necessary action.
Saying the SHO did not abide by the norms while presenting chargesheet in the case and handed it over to an unauthorised person, the court of additional sessions judge Amar Paul held that senior police officials should look into his conduct and take action.
On August 26, 2015, Daba police station had registered an FIR after 35g and 25g of an intoxicant powder was recovered from Jagjit Singh and Lakhwinder Singh, both residents of Daba, respectively.
Amandeep Bhanot, the counsel for the accused, said the chargesheet was prepared by the then SHO of Daba police station on January 15, 2016, and it mentioned that the chemical report of the powder was yet to be received. After four years, the police presented the chargesheet through naib court head constable Paramjit Singh, attached with Division 2 police station, and annexed a copy of the chemical report without mentioning about it, the counsel added.
Saying that the chargesheet was silent on the chemical report, the court observed, “The SHO has now sent head constable Paramjit Singh to present the challan in the case even as he is posted at Division 2 police station. In what capacity has he been sent?”
The court said as per the Criminal Procedure Code, the challan was to be presented by the Daba SHO. There was no explanation why it was not presented by him. Besides, there was no official from Daba police station to hold it out, it added.
While acquitting the accused, the court observed that according to the chemical report, no ingredients of any intoxicant substance had been found. Accordingly, no offence was made out under any provision of the NDPS Act against the accused. The court directed that the copy of the order be sent to the DGPs of Punjab and Chandigarh and the Ludhiana commissioner of police for taking necessary action.
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