State of Punjab vs Gian Singh Head Constable

Surinder Singh, J. (Oral)

After hearing the learned counsel for the parties, I find that the impugned order passed by the Special Judge, Bhatinda is unexceptionable. On a question off act, it is not disputed that compliance of Rule 16.38((1) of the Punjab Police Rules had not been made till the time of the alleged recovery. The Rule which postulates that the permission of the District Magistrate is necessary to be obtained before the commencement of the investigator for a decision as to whether the investigation has to be conducted by a Police Officer or by a Magistrate First class, is a wholesome by the trial Court has consistently held that the compliance of this Rule is mandatory. The learned counsel for the State, however submits that in some cases it becomes impracticable to obtain the necessary permission before conducting the raid on account of parcity of time. However, this cannot be treated as an excuse be reason for the violation of the mandatory Rule. The order passed by the learned Special Judge discharging the respondent is quite legal and proper and there is no ground made out for interference with the same.

The Revision Petition is accordingly dismissed.