Shamsher Singh @ Shera vs State of Punjab

(1.) In the instant petition, petitioner has sought for regular bail under the provisions of Section 439 Cr.P.C. in case FIR No.32 dated 14.04.2017, under

Section 22 of the NDPS Act, registered at Police Station Valtoha, District Tarn Taran.

(2.) Learned counsel for the petitioner submitted that in the present case, police officer acted as informer, recovery as well as investigating officer. On

this issue, petitioner's counsel relied on the latest decision of the Supreme Court rendered in Mohan Lal v. The State of Punjab (Criminal Appeal

No.1880 of 2011 decision on 16.8.2018), wherein it is held that police officer cannot act as informer, recovery as well as Investigating Officer. This

issue is squarely covered by the latest decision of the Supreme Court rendered in the Mohan Lal's case cited supra. Para 25 reads as under:

“25. In view of the conflicting opinions expressed by different two Judge Benches of this Court, the importance of a fair investigation from the

point of view of an accused as a guaranteed constitutional right under Article 21 of the Constitution of India, it is considered necessary that the law in

this regard be laid down with certainty. To leave the matter for being determined on the individual facts of a case, may not only lead to a possible

abuse of powers, but more importantly will leave the police, the accused, the lawyer and the courts in a state of uncertainty and confusion which has

to be avoided. It is therefore held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the

investigation must not be the same person. Justice must not only be done, but must appear to be done also. Any possibility of bias or a predetermined

conclusion has to be excluded. This requirement is all the more imperative in laws carrying a reverse burden of proof.â€​

(3.) Learned State counsel, on instructions from ASI Resham Singh has not disputed relating to the fact that informer, Investigating Officer and

Recovery Officer are one and the same.

(4.) Heard the learned counsel for the parties.

(5.) In view of these facts and circumstances, petitioner is entitled to the benefit of regular bail in view of the principle laid down in the Mohan Lal's

case cited supra. Therefore, without expressing any opinion on the merits of the case, present petition is allowed. Petitioner-Shamsher Singh @ Shera

is ordered to be released on bail on his furnishing bail/surety bonds to the entire satisfaction of the Chief Judicial Magistrate/Duty Magistrate

concerned with the following condition:-

(i)Petitioner shall not in any way indulge in any criminal activities and he shall not influence the witnesses or otherwise interfere with the fair trial.