IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.
No.M-14708 of 2014 Date of Decision : May 19, 2014 Jai Veer Tyagi ....Petitioner Versus State of Punjab .....Respondent CORAM : HON'BLE Mr.JUSTICE T.P.S.MANN Present : Mr.Aman Pal, Advocate.
Mr.Navdeep Singh, Assistant A.G., Punjab.
T.P.S.MANN, J.
Prayer made in the petition is for the grant of anticipatory bail to the petitioner in case FIR No.18 dated 5.3.2014 under Sections 8, 12, 7 and 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B IPC registered at Police Station Lahori Gate, Patiala.
The aforementioned FIR was registered on the basis of a complaint sent by some anonymous person to the Senior Superintendent of Police, Patiala.
It was alleged therein that though a number of persons were being arrested under the Narcotic Drugs and Psychotropic Substances Act, Criminal Misc.
No.M-14708 of 2014 -2- 1985 (for short ‘NDPS Act’) yet certain persons after receiving hefty amounts from those accused were able to get favourable reports of the samples.
A similar matter was also in the notice of the Senior Superintendent of Police, Tarn Taran, wherein officials of the laboratory, smugglers and agents were apprehended.
One Darshan Singh, who was an employee of the laboratory was in contact with agent Balvir Singh, who would get favourable report from the laboratory.
Two days prior to his arrest, said Darshan Singh had entered into a deal with smugglers for Rs.5,50,000/- and had received an amount of Rs.2,00,000/- in advance.
However, he could not manage the report as he was taken into custody.
On the basis of the aforementioned complaint, Deputy Superintendent of Police (D).Patiala was directed to conduct an enquiry wherein it was reported that the petitioner alongwith Balbir Gir and Ashok Rana had contacted Darshan Singh through agent Balvir Singh for getting a favourable report from the laboratory regarding the case registered against Omvir Tyagi, brother of the petitioner, at Police Station City, Samana vide FIR No.144 dated 29.9.2013 under Section 21 of the NDPS Act.
The petitioner agreed to pay a sum of Rs.5,50,000/- to Darshan Singh, employee of the Criminal Misc.
No.M-14708 of 2014 -3- laboratory, for getting a favourable report.
Out of the said amount, he had paid Rs.2,00,000/- in advance for the aforementioned purpose.
However, before anything could be done, Darshan Singh was arrested in some other case.
Accordingly, on the basis of the enquiry, Deputy Superintendent of Police (D).Patiala recommended registration of case against the petitioner as well as against Ashok Rana, Balvir Singh and Darshan Singh.
Apprehending his arrest, the petitioner had moved the Court of Sessions for the grant of anticipatory bail but remained unsuccessful.
Hence, the present petition.
Learned counsel for the petitioner has submitted that the petitioner is being falsely implicated in the case.
The petitioner had not approached either Darshan Singh or Balvir Singh for getting a favourable report from the Forensic Science Laboratory, Mohali.
Roop, who was named as accused in the FIR No.144 dated 29.9.2013, is not related to the petitioner or his brother Omvir Tyagi.
The petitioner is not required for custodial interrogation.
He is otherwise ready and willing to join the investigation as and when Criminal Misc.
No.M-14708 of 2014 -4- required.
Therefore, the petitioner may be granted the concession of anticipatory bail.
Learned State counsel has vehemently opposed the prayer made on behalf of the petitioner by submitting that there are serious allegations levelled against the petitioner and others of trying to obtain a favourable report from the Forensic Science Laboratory after bribing the officials posted therein.
Having heard learned counsel for the parties, this Court is of the view that the petitioner does not deserve the concession of anticipatory bail.
In order to secure exoneration of his brother Omvir Tyagi, who stood arraigned as accused in FIR No.144 dated 29.9.2013 under Section 21 of the NDPS Act registered at Police Station Samana for being found in possession of 260 grams of smack, the petitioner had struck a deal to pay an amount of Rs.5,50,000/- to Darshan Singh, an employee of the Laboratory and one Balvir Singh, who had been acting as an agent of said Darshan Singh and paid an amount of Rs.2,00,000/-.
He, thus, tried to bribe the officials of the Laboratory for the sole purpose of securing favourable report in favour of his brother Omvir Tyagi.
The Criminal Misc.
No.M-14708 of 2014 -5- allegations being serious, only the custodial interrogation of the petitioner would yield results, which may even lead the investigating agency in collecting material about the involvement of all those concerned in the unlawful activities of securing favourable reports from the Laboratory.
Resultantly, the petition is dismissed.
However, nothing stated above be construed as an expression of opinion on the merits of the case.
( T.P.S.MANN ) May 19, 2014 JUDGE satish Satish Kumar 2014.06.16 11:18 I attest to the accuracy and integrity of this document Chandigarh