The Punjab and Haryana High Court recently directed the Punjab State police to pay a compensation of ₹10,000 to a man against whom a baseless first information report (FIR) was filed in a drug case [Pushpinder Kumar v State of Punjab].
Justice Rajbir Sehrawat passed the order after noting that the arrested person (petitioner) had been harassed and made to bear expenses even before there was any basis to file a complaint against him.
“Since the FIR has been got registered even before creating a basis for that, and due to the FIR, the petitioner has been put to the harassment and expenses, therefore, the person, who got the said FIR registered against the petitioner without any basis is directed to pay a compensation of ₹10,000 to the petitioner within a period of four weeks from today,” the Court’s order stated.
The Court was hearing an anticipatory bail plea moved by the petitioner, Pushpinder Kumar who had been booked for various offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The counsel for the petitioner argued that the charges against him were entirely baseless and were filed with malicious intent at the instigation of a Sub Inspector (SI), Surinder Kumar.
The counsel for State countered that the police had received confidential information regarding the petitioner’s involvement in the trade of narcotic drugs and substances.
Consequently, the police visited the petitioner’s residence but found the house locked, the Court was told. It was also acknowledged that nothing was recovered from the petitioner or the said residence.
In light of the above facts, the Court held,
“It can safely be construed that there is nothing to support the case of the prosecution, even as per the assertions of the police. As such, the petitioner deserves to be protected against his arrest.”
The Court did not quash the case, but allowed the petitioner’s plea for anticipatory bail.
Advocate Ajay Pal Singh Rehan appeared for the petitioner while advocate Sandeep Singh appeared for the State.