9911796707
TMI Blog1994 (7) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... case, briefly, is as under: 2. On 10-12-1992 at about 4.30 p.m., Inspector Saju Ram Rana (P. W. 6) of Police Station, Manali, was on routine patrol duty at Manalsu bridge, Manali, along with S. I. Prem Singh and Constables Shashi Kapoor and Mast Ram (P. W. 3). Secret information that the accsued was busy in making the rolls of charas in his Khokha and could be caught redhanded was received. This information was sent through Constable Mast Ram (P. W. 3) to the police station for registration of a case (Ex. PE). Since warrants could not be obtained as the Court was located at Kullu, far away from this place, and the apprehension being that the accused might dispose of the charas in the meantime, Inspector Saju Ram Rana joined Pradhan Jind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He also denied the ownership and possession of the khokha. During the trial, the prosecution examined Chaman Lal (P.W. 1), M. H. C. Mangat Ram (P. W. 2), Constable Mast Ram (P. W. 3), L. H. C. Nup Ram (P. W. 4), L. H. C. Rattan Chand (P. W. 5) and Inspector Shri Saju Ram Rana (P. W. 6). The accused examined Kishan Chand (D. W. 1) and Budh kam (D. W. 2) in support of his case in addition to M H. C. Sunder Singh (D. W. 3). The trial concluded in the conviction and sentence of the accused, as already slated in the preceding part of this judgment. The trial Court found that the investigating agency had complied with the mandatory provisions of the Act and the offence had been proved against the accused beyond all reasonable doubts. These findi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not complied with, the trial stands vitiated and in the latter case, it would be vitiated only if failure of justice is proved to the satisfaction of the Court. Since learned counsel for the parties concentrated their submissions on Sub-section (2) of Section 42 of the Act, it would be relevant to quote the view of the Bench on this question (Para 10, item (g), p. 1419): (g) Where advance information is available, it must be passed on to the designated officer who has to reduce to writing the said information. (See Sub-section (2) of Section 41 and Section 42). It has also been enjoined upon him to send forthwith a copy of his report to his immediate superior officer, as provided under Section 42(2). These provisions are mandatory in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Headquarters early in the morning. Since ruqua (Ex. PE) was a flying ruqua, it was sent for the registration of acase immediately and Shashi Kapoor Constable was immediately sent thereafter to associate these witnesses who were brought by him along with him. Special Report (Ex. PG) was prepared on the spot. He did not send the copy of the flying ruqua (Ex. PA) to the superior officer, however, after the registration of the FIR, its copy is sent to the Superintendent of Police. 10. M. H. C. Mangat Ram (P. W. 2) states that on 10-12-1992 ruqua (Ex. PE) was received through Constable Mast Ram, No. 63, on the basis of which First Information Report (Ex. PF) was formally registered. The special report (Ex. PG) was sent through Constable Mast ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has stated that the secret information was received when they were patrolling in old Manali village over a small bridge and the ruqua (Ex. PE) was written over there and sent through Constable Mast Ram (P, W. 3) for registration of a case and Constable Shashi Kapoor was sent to associate witness Chaman Lal and Jindu Ram in the case. Constable Mast Ram states that ruqua (Ex. PE) was handed over to him by Inspector Saju Ram Rana for registration of a case in the khokha of the accused where Chaman Lal and Jindu Ram were present. This means, nothing was written at old Manali bridge where the secret information was received. 14. It appears from the statements of the prosecution witnesses that ruqua (Ex. PE), wherever it may have been writte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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