Punjab & Haryana HC Grants ₹2 Lakh Compensation To Man Held In Custody Despite Forensic Report Revealing Alleged Contraband Is 'Paracetamol'

The Punjab & Haryana High has granted Rs 2 lakh compensation for "unjust deprivation of liberty" of a man who was continued to be detained under NDPS Act, despite the forensic report revealing that the alleged contraband was nothing but paracetamol.

Justice Kirti Singh noted that the petitioner was subjected to prolonged incarceration for a period of about "13 days despite the fact that the recovery made from him was tablets containing salt Acetaminophen (Paracetamol) and the concerned police authorities despite having received the FSL report on 31.08.2024 failed to act promptly and get the petitioner immediately released."

Adding that it is a case of police "high-handedness", the Court pointed that the petitioner was released on bail only on September 13 upon Court's intervention. The cancellation report was presented on September 17 i.e. after a period of about 17 days and the petitioner was ultimately discharged.

During the hearing, the State counsel "failed to explain the delay in presentation of cancellation report", noted the Court.

"The failure of the authority to act in a timely manner has not only violated the petitioner's fundamental right but also highlighted the misuse of power, causing undue mental and emotional distress. The prolonged incarceration under-scores the need for accountability and prompt action within the justice system to prevent such abuses of authority," said the judge.

These observations were made while hearing the regular bail plea of a man who was arrested under Section 22 of the NDPS Act at Punjab's Kapurthala.

The counsel for the petitioner submitted that he was falsely implicated in the case because he did not allow a police officer, who was driving a car behind him, to pass and overtake.

"The incident actually occurred on 24.06.2024 but the FIR was registered on 26.06.2024 at 12:30 P.M. and the petitioner was kept in illegal confinement during this period and his family members were not informed about this," he added.

On September 13, the State counsel placed on record a copy of the FSL Report dated August 21, which was received by the office of the Senior Superintendent of Police on 31.08.2024, wherein it was stated that the samples received contained salt Acetaminophen (Paracetamol).

After considering the FSL report dated 21.08.2024 in which it had been observed that the recovered capsules contained salt Acetaminophen (Paracetamol), the petitioner was released on regular bail by this Court vide order dated 13.09.2024 after undergoing an actual custody of 02 months and 15 days.

In pursuance of Court's direction a cancellation report was filed on September 19 and DGP Punjab submitted that a committee was constituted to conduct in-depth investigation regarding the matter.

After examining the submissions, the Court referred to Nilabati Behera @ Lalita Behera Vs. State of Orissa and others 1994(1) RCR Criminal) 18, wherein the Apex Court held that the State is liable to pay compensation for the wrong done by its officials in case, the fundamental right of a person under Article 21 of the Constitution has been violated.

Justice Singh observed that the Court is "deeply troubled by the high-handedness of the police authorities which have flagrantly disregarded the fundamental rights of a citizen as envisaged in the Constitution of India."

"It is appalling to witness such blatant violation where those entrusted with duty to uphold the rule of law failed to perform their duties. The Court finds the conduct unacceptable and deeply concerning, reflecting a systematic failure that under-mines the public trust," added the judge.

Stating that the conduct of the erring officials cannot be overlooked "as accountability measures are necessary to ensure justice and uphold the rule of law", the bench granted a compensation of Rs.2 lakh to the detainee.

50% of this compensation amount has to be recovered from the salary of the erring official Sub Inspector-Rajinder Singh, the Court ordered.

It also directed the Registrar General to mask the name of the petitioner in digital records.

Title: XXXX v. State of Punjab.

Advocate Jagjit Singh appeared for the petitioner.

Ad. AG Deepender Singh for State.

Advocate Arshdeep Singh Cheema was appointed as Amicus Curiae.

Click here to read/download the order