State Of J&K vs Manoj And Anr
2023 Latest Caselaw 959 j&K

                                                                      Sr. No. 7
    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU
                                                       CRAA No. 16/2010

State of J&K                                          .....Appellant(s)/Petitioner(s)


                        Through: Mr. Amit Gupta, AAG

                   Vs


Manoj and anr.                                                   ..... Respondent(s)

                        Through: None


Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
       HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
                                      ORDER

15.05.2023

1. Vide judgment dated 25.04.2013 passed by this Court in Criminal

Acquittal Appeal No. 16/2010, the judgment of acquittal passed by the trial

court was upheld but at the same time, this Court passed the following

directions:-

"Director General of Police is directed to institute an enquiry against the

Investigating Officer, other officers and officials so as to ascertain:

1. why the two samples weighing 100 grams each as were taken and sealed have not reached to FSL for analysis;

2. How and which two samples weighing only 50 grams and 64 grams respectively have reached to the FSL;

3. whether the samples were tempered with or replaced;

4. why the samples were sent to the FSL after a gap of 14 days from the date of sealing ; and

5. why Tarlok Chand, who was the driver of the Maruti/Vehicle has not been arrayed as an accused or witness."

2. Pursuant to the aforesaid directions of this Court, it seems that the

Director General of Police has ordered departmental inquiry against Sh. Prithpal

Singh, the then SDPO, Akhnoor as also against Sh. Jagdev Singh, the then SHO,

Domana, the Investigating Officer.

3. Learned counsel appearing for the appellant has produced a copy of

Government Order No. 92-Home of 2022 dated 29.03.2022, which indicates that

after holding a departmental inquiry against Sh. Prithpal Singh, the then SDPO,

Akhnoor, it was found that there was lack of supervisory control on his part,

accordingly, he has been inflicted minor penalty of fine equivalent to one

month's salary.

4. Another Government Order No. 255-Home of 2023 dated

13.05.2023 has also been produced by the learned AAG, according to which, the

competent authority has declined to accept the report of the Enquiry Officer,

whereby the Investigating Officer, namely, Sh. Jagdev Singh has been

exonerated of the charges and a de-novo inquiry into the charges has been

directed.

5. In view of the aforesaid two Government orders, the directions

passed by this Court vide judgment dated 25.04.2013 stand complied and as

such, no further directions are called for in this case.

6. Disposed of.

                            (Rajesh Sekhri)                         (Sanjay Dhar)
                                 Judge                                   Judge



Jammu
15.05.2023
Neha
                       Whether the order is speaking:     Yes/No

Whether the order is reportable: Yes/No