Date: July 29, 2023

Chandigarh: Punjab and Haryana High Court directed the Punjab State police to pay a compensation of ₹10,000 to Pushpinder Kumar, a resident of Punjab, against whom a baseless First Information Report (FIR) was filed under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The order was passed by Justice Rajbir Sehrawat during the hearing of an anticipatory bail plea filed by Mr. Kumar.

The Court observed that the petitioner had faced unwarranted harassment and financial burden even before any valid grounds for the complaint were established. The FIR was filed without any basis, and the petitioner was forced to endure unnecessary troubles due to it.

Advocate Ajay Pal Singh Rehan, representing Mr. Kumar, vehemently argued that the charges leveled against his client were entirely false and maliciously motivated. He asserted that the complaint was instigated by Sub Inspector Surinder Kumar without any concrete evidence to support the allegations.

On the other hand, the counsel for the State countered the claim, stating that the police had received confidential information regarding the petitioner's alleged involvement in the trade of narcotic drugs and substances. However, upon visiting Mr. Kumar's residence, the police found it locked, and no incriminating evidence was recovered from the petitioner or his home.

Considering the facts presented, the Court opined that there was insufficient evidence to support the prosecution's case, even according to the police's own assertions. Therefore, Justice Rajbir Sehrawat ruled in favor of Mr. Kumar, granting him anticipatory bail for protection against arrest.

While the Court did not quash the case, it held that the petitioner deserved protection against unnecessary arrest and ordered the police to pay ₹10,000 as compensation to Mr. Kumar within four weeks from the date of the judgment.

Advocate Sandeep Singh represented the State during the proceedings.

This ruling sets a precedent in ensuring accountability for filing baseless FIRs and underscores the significance of conducting thorough investigations before registering complaints, safeguarding individuals from unwarranted harassment and expenses.

Case Title: Pushpinder Kumar v State of Punjab| CRM M 35730-2023