Punjab-Haryana High Court
Pawan Kumar vs State Of Punjab on 6 March, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:032582
CRM-M-8868-2024 2024:PHHC:032582
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
101 CRM-M-8868-2024
Date of Decision: 06.03.2024
Pawan Kumar ...Pe oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. P.S. Sekhon, Advocate for the pe oner.
Ms. Swa Batra, D.A.G., Punjab. (Through video conferencing).
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta.on Sec.ons
17 08.12.2023 Economic Offences 420, 465, 466, 467, 468, 471,
Wing, Vigilance 409, 120-B IPC and Sec ons
Bureau, Ludhiana, 7, 7-A, 8, 13(1) (A) read with
District Ludhiana 13(2) of Preven on of
Corrup on Act, 1988
1. The pe oner apprehending the arrest in the FIR cap oned above, has come up
before this Court under Sec on 438 CrPC seeking bail.
2. Vide order dated 19.02.2024, this Court had granted interim bail to the
pe oner which is con nuing ll date.
3. The prosecu on's case is being taken from reply dated 06.03.2024 filed by the
concerned Deputy Superintendent of Police, which reads as follows:
"2. That the present case (FIR No.17 Dated 08.12.2023 under sec ons
420, 465, 466, 468, 471, 120-B IPC, later on added sec ons 409, 467
IPC and sec ons 7, 7-A, 8, 13(1)A Read With 13(2) of the P.C. Act
1988, Police Sta on Vigilance Bureau, E.O.Wing, Ludhiana Annexure
P-1) has been registered against PKS Sharma Bhardwaj Ex-Registrar
Punjab Pharmacy Council, Dr. Tejbir Singh Ex-Registrar Punjab
Pharmacy Council and Ashok Kumar Accountant now Superintendent
Punjab Pharmacy Council Medical Educa on Bhawan Sec.69, SAS
Nagar as per the vigilance inquiry no. 04 dated 26.08.2019
conducted by Vigilance Bureau, EOW S.A.S Nagar on the basis of
complaint made by Swaranjit Singh, Convener Para Medical and
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Health Employees Front, Punjab. During enquiry, it has transpired
that if any student wants to take admission in another Educa on
Board, then he/she is required to submit his migra on cer ficate
issued by his previous Educa on Board. It is the duty of the Registrar,
Punjab State Pharmacy Council to verify cer ficates of the students
taking admission in courses of Diploma in Pharmacy, B Pharma, M-
Pharma and to register them for different works. If any student
wants to do Pharmacist course, then he has to pass 10 + 2 class in
medical or non-medical stream. There are 105 Pharmacy Colleges
func oning in the State of Punjab. At the me of counselling, all the
seats in government colleges used to be filled whereas the seats in
private colleges remains vacant and as per the direc ons of the
government, the private colleges used to fill these seats at their own
level. In order to fill these seats, private colleges used to get 10 + 2
medical/non-medical stream cer ficates of students from the outer
states without any examina on despite the fact that these courses
are regular courses, which have to be passed by aCending regular
classes. ThereaDer, the Registrar of Punjab Pharmacy Council and
other officials issued registra on numbers to the students without
verifying their 10 + 2 cer ficates and in lieu thereof, they obtained
huge amounts as illegal gra fica on.
3. That on the basis of the said registra on numbers, students had
obtained jobs in different ins tu ons and also run their medical
shops. During his tenure as Registrar, Punjab Pharmacy Council,
Parveen Kumar Bhardwaj commiCed various irregulari es and
hence, his services were terminated, but he was again appointed as
Registrar on 24.12.2013. The record of 453 Pharmacists has been
verified from Medical College Amritsar, Medical College Faridkot and
Medical College Pa ala. There are irregulari es in the reports sub-
miCed by Medical College Amritsar and Medical College Faridkot.
Not only this, the cer ficates of 143 students were found to be fake,
but no appropriate ac on was taken against these students. Dr. Ab-
hininder Singh Thind (now died), Dr. Tejbir Singh and Parveen Kumar
Bhardwaj have violated the rules of Punjab State Pharmacy Council
during their respec ve tenures as they, in connivance with Pharmacy
Colleges, did not verify the 10 + 2 cer ficates of the students which
were issued by unapproved boards. The Pharmacists who obtained li-
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censes on the basis of forged cer ficates are playing with the health
of general public.
4. That during Inves ga on the owners/principals of various colleges
have been nominated as accused in this case due to the issuance of
forged and fabricated Diploma Cer ficates as well as 10 + 2 cer fic-
ates allegedly issued by different school educa on boards. During in-
ves ga on, statements of FiDeen students who did D. Pharmacy
Course from Punjab Mul purpose Medical Ins tute Sehna Barnala
owned by the present pe oner have been recorded and it has been
found that they did not complete the course regularly i.e. by aCend-
ing the classes, rather they gave money to the owner/ present pe -
oner and Principal of the said college namely Rama Kaud in order to
get the cer ficates. During the course of Inves ga on accused Rama
Kaudi the then Principal of Punjab Mul purpose Medical Ins tute
SehnaBarnala has been arrested in this case. The statements of 15
pharmacists who did D-Pharmacy Course from the Punjab Mul pur-
pose Medical Ins tute were also recorded during enquiry and some
of them have stated that they had given Rs.1,00,000/- to the persons
namely Bassi and Sharma at the instance of the management of Pun-
jab Mul purpose Medical Ins tute SehnaBarnala which was to be
paid by said persons to the pe oner and some Pharmacists have
stated that they had given bribe money directly to the pe oner in
lieu of providing them 10+2 cer ficates in science stream so that they
can do D-Pharmacy Course and due to that the present pe oner be-
ing owner of Punjab Mul purpose Medical Ins tute has been nomin-
ated as an accused in this case.
5. That the pe oner was well aware about the fact that the said
pharmacists are not eligible for doing D-Pharmacy course, but s ll he
allowed them to do the course by taking bribe and also managed to
arrange 10+2 cer ficates in science stream for them. During inves g-
a on 65 Pharmacists have been nominated as accused in this case
aDer the registra on of the FIR and out of which only 09 Pharmacists
have been arrested and rest of the accused are yet to be arrested.
The allega ons against the pe oner are serious in nature. A de-
tailed and thorough inves ga on is being carried out by the Inves g-
a ng Agency in this case as it is a case of big scam. The outcome of
the offence involved in the FIR has wide ramifica ons. The en re
modus operandi of the pe oner and facts within the exclusive
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knowledge of the pe oner are required to be verified from him dur-
ing his custodial interroga on.
6. That in compliance of order dated 19-02-2024 passed by this
Hon'ble Court, the pe oner has joined the inves ga on on 22-02-
2024 but while joining the inves ga on, the pe oner has not co-op-
erated with the inves ga ng agency as he has not disclosed the com-
plete name, mobile number and address of persons namely Bassi and
Sharma through whom the pe oner had taken bribe money from
the fiDeen pharmacists because said persons Bassi and Sharma are
yet to be nominated and arrested in this case. However, the pe -
oner has admiCed that said persons namely Bassi and Sharma are
the private Agents and students use to take admission in his college
through them. It is per nent to men on here that in the year 2009-
2010 the fees of D-Pharmacy course was Rs.36000/- as 18000/- per
year but on the other hand as per the statements of Pharmacists the
pe oner had obtained Rs.1 lakh from each Pharmacist which clearly
establishes the fact that the bribe money was obtained by the pe -
oner for geGng issued 10 + 2 cer ficates of science stream for the
said Pharmacists and to get their registra on with Punjab Pharmacy
Council on the basis of fake and fabricated 10 + 2 cer ficates and
Diploma cer ficates. Since the pe oner is not co-opera ng with the
inves ga ng agency and his custodial interroga on is required due
to the reasons men oned above, therefore, the present pe on is li-
able to be dismissed.
7. That in view of Judgment passed in case of Piara Singh vs State of
Punjab 2021(2) RCR Criminal 590, that the pre-arrest ball is a
discre onary relief and is to be granted in excep onal cases and not
in rou ne. It is meant to save the innocent persons from harassment
and inconvenience and not to screen the culprits from arrest and
custodial interroga on. The custodial interroga on is necessary for
complete and effec ve inves ga on to find out how the planning of
the crime has been done and the mode of its execu on, the other
persons involved therein and role played by each one of them. In case
the custodial interroga on of the accused is denied to the
inves ga ng agency that may leave loose ends and gaps in the
inves ga on affec ng the inves ga on being carried out adversely.
In case of State vs Anil Sharma 1997 (4) RCR Criminal 268 the Hon'ble
Apex Court observed that custodial interroga on is qualita vely
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more elicita on oriented than ques oning a suspect who is on
an cipatory bail. Hence the pe oner is not en tled to the
concession of an cipatory bail and present bail pe on is liable to be
dismissed.
4. I have heard counsel for the par es and gone through the pleadings and
its analysis would lead to the following outcome.
5 State counsel seeks custodial interroga on in a case which pertains to the
year 2014. Most of the evidence is based on disclosure statements of co-accused and its
eviden ary value is subject to Sec on 25 of Indian Evidence Act. This Court is not
considering the evidence collected so far to give an opinion about framing of charges or
trial and the evidence might be sufficient for that stage but this Court is concerned only
for grant of bail for which the evidence is not that clinching so as to deny the same. It is
neither a case for custodial interroga on nor pre-trial incarcera on.
6. Given above, the present pe on is allowed and interim order dated
19.02.2024 is made absolute. All pending miscellaneous applica ons, if any, stand
disposed of.
(ANOOP CHITKARA)
JUDGE
06.03.2024
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
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