Harpreet Singh v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections

28.08.2024 Bilaspur, Distt. Yamuna Nagar, Haryana 316(2), 318(4), 336(3), 338, 340(2) and 61(2) of BNS, 2023 and Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1959

¶1The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

¶2In paragraph 16 of the bail petition and para 26 of the reply dated 10.11.2024, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Station

1.

29.08.2024 318(4), 336(3), 338, 340, 61(2) of BNS, 2023 City Yamuna Nagar, Haryana

¶22015 148, 149, 307, 323, 324, 325, 341, 395, 427, 506 IPC Sadar Jagadhri

3.

30.07.2016 379 IPC and 21(4) of The Mines and Minerals (Development and Regulation) Act, 1957 Partap Nagar, District Yamuna Nagar

4.

25.02.2018 61-A-1-14 of Excise Act Sadar Jagadhri, Distt. Yamuna Nagar

¶3The facts and allegations are being taken from translated copy of FIR annexed with the bail petition as Annexure P-1, which reads as follows: "At present, it is entered that a letter has been received at the Police station through post from the office of Superintendent of Police, Yamuna Nagar, which is as under: From: Mining Officer, Mines and Geology Department, Yamuna Nagar. To, The Station House Officer, Police station Chhachhrauli, District Yamuna Nagar. Memo No. Mining/Yamuna Nagar/3037 dated 23.08.2024. Subject: Regarding taking legal action for misusing the HMGIS portal. In respect of the above subject, you are informed that in this office, a complaint has been received through whatsapp 9191164xxxx that M/s. R.K. Trading Company, Village Jaitpur, District Yamuna Nagar (Project ID: 230806001153, mobile No.85699xxxx, E-mail ID: vishuynr1989@gmail.com, copy enclosed) by misusing the HMGIS portal, wrong E-ravanas are being issued, the list of which is as under (the copies of the departures are enclosed herewith):- Sr. No. Departure Number Vehicle Registration Number Name of trader Name and address of recipient

¶1RMDL 24008756777 RJ-07-GE-0990 M/s R.K. Trading Company M/s Bhagat Singh Stone Crusher (L-1218), village Belgarh, District Yamuna Nagar

¶2RMDL 24008756874 RJ-07-GF-2517 M/s R.K. Trading Company M/s Bhagat Singh Stone Crusher (L-1218), village Belgarh, District Yamuna Nagar

¶3RMDL 24008756928 RJ-44-GA-4161 M/s R.K. Trading Company M/s Bhagat Singh Stone Crusher (L-1218), village Belgarh, District Yamuna Nagar

¶4RMDL 24008756962 RJ-07-GF-5286 M/s R.K. Trading Company M/s Bhagat Singh Stone Crusher (L-1218), village Belgarh, District Yamuna Nagar

¶5RMDL 24008756976 RJ-07-GF-2291 M/s R.K. Trading Company M/s Bhagat Singh Stone Crusher (L-1218), village Belgarh, District Yamuna Nagar

¶6RMDL 24008756990 RJ-07-GF-1389 M/s R.K. Trading Company M/s Bhagat Singh Stone Crusher (L-1218), village Belgarh, District Yamuna Nagar

¶7RMDL 24008757030 RJ-07-GD-6333 M/s R.K. Trading Company M/s Bhagat Singh Stone Crusher (L-1218), village Belgarh, District

¶8RMDL 24009527196 RJ-07-GD-1109 M/s R.K. Trading Company M/s Baba Rupdass Minerals, Village Bayal, District Mahendergarh

¶9RMDL 24009527198 RJ-07-GD-1941 M/s R.K. Trading Company M/s Baba Rupdass Minerals, Village Bayal, District Mahendergarh

¶10RMDL 24009527206 RJ-07-GD-1048 M/s R.K. Trading Company M/s Baba Rupdass Minerals, Village Bayal, District Mahendergarh Besides this, you are also informed that as per the report of the office of field staff, no unit in the name of M/s. R.K. Trading Company, village Jaitpur is in existence at the ground level, but still all the above units are selling and purchasing the minerals. Thus, in view of the above, you are requested to take appropriate legal action against the Mining Act, 1957 and various sections of BNS 2023 against the accused misusing the HMGIS portal. Encl: As above. Sd/-Niranjan Lal, Mining Officer, Mines and Geology Department, Yamuna Nagar. Upon the receipt of letter No.9996 dated 27.08.2024 at the Police station from the office of Superintendent of Police, Yamuna Nagar, from the contents of the letter, upon finding a case under Section 318 (4) BNS, the FIR No.294 dated

28.08.2024 under Section 318 (4) BNS, Police station Bilaspur has been registered and the computerized copies of the first information report have been prepared, which will be sent to the officers through post. The copy of the police file alongwith original letter is being sent to SI Lakhwinder Singh, 147/A, Incharge police post Ranjitpur, Police station Bilaspur through SPO Kuldeep Singh, 217 for further investigation. The entry in the record has been made as per law. FIR has been registered in the presence of SI Ishwar Chander, A/16."

¶4Counsel for the petitioner submits that the trucks were plying under contract and e-rawanas challan were granted at delay due to flood in the area. He further submits on instructions that the petitioner declared all his assets, if State is legally entitled for recovery, they may do so from him in accordance with law. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and his family.

¶5The State's counsel opposes bail and refers to the reply.

¶6It would be appropriate to refer to the following portions of the reply, which read as follows: "24. Role of the petitioner:

i) That with regard to the role of the petitioner in the present case it is submitted that as per investigation conducted by the investigating agency till today it was revealed that the petitioner is partner of M/s Jai Luxmi Minerals Screening Plant and M/s Jai Luxmi Minerals Stone Crusher situated at Village Mohiyudeenpur, District Yamuna Nagar and also runs business of transport in the name of Kler Transport and New Kler Transport.

ii) That it was revealed that one Raj Yadav had participated in the installation of H.M.G.I.S. portal and therefore, the above said Raj Yadav was aware about the loopholes in the above said H.M.G.I.S. portal. A criminal case bearing FIR No. 68 dated 05.03.2024 u/s 420, 120-B of IPC was registered at P.S. Bilaspur against the above said Raj Yadav and therefore his services have been terminated. The above said Raj Yadav had friendly relations with accused Kartar Singh and therefore, the said Raj Yadav told the said loopholes of the portal to the said Kartar Singh and thereafter the said accused Kartar Singh in collusion with the petitioner and other co-accused started creating fictitious, e-rawanas showing the fictitious transactions of sale and purchase of mining minerals without actual transaction. The petitioner and his co-accused used to send the data of required e-rawana to the said Kartar Singh and thereafter, the said Kartar Singh used to create fictitious e-rawanas showing the purchase and sale of mining mineral without any actual transactions and thereafter used to send the e-rawana to the petitioner and his co-accused. In this regard, whatsapp chat from the mobile phone of above said accused Kartar Singh has been taken into the possession which shows the issuance of fake and fabricated e-rawanas pertaining to the above mentioned trucks belonging to the petitioner. The copy of above said whatsapp chats is attached here with for the kind perusal of this Hon'ble Court is Annexure R-17.

iii) That as per the record collected from the mining department, the petitioner got issued 2096 false, forged & fabricated e-rawanas from M/s Dhankhar Building Materials Supplier-Satnali, 493 false, forged & fabricated e-rawanas from M/s Jyoti Stone Crusher, 419 false, forged & fabricated e-rawanas from M/s R. K. Stone Crusher, Jhhajhhar, 8 false, forged & fabricated e-rawanas from M/s R. K. Trading Company, Jaitpur, 23 false, forged & fabricated e-rawanas from M/s Sawariya Minerals, Charkhi-Dadri and thereby caused loss of Rs.2,20,59,536/- to the government and earned the said money in illegal manner.

iv) That it is also pertinent to mention here that trucks/vehicles bearing registration no. HR-58-D-6044, HR-58-D-9218, HR-58-C-6436, HR-58-C-7129, HR-58-D-6644, HR-58-C-0757, HR-58-C-3451 and HR-58-C-0285 belonging to the petitioner loaded with mining minerals and without any bills and e-rawana were seized by the team consisting officials of police department and Mines and Zoology Department on 23.08.2024 and later on while the above said vehicles were in the possession of mining department in the yard, the e-rawanas and bills pertaining to the said vehicles were got issued. The petitioner has shown the supply of mining material in the above said trucks from Charkhi Dadri, however, the investigating agency has collected the GPS record of the said trucks and has also verified the record from the Toll Tax Plazas situated between Charkhi Dadri to Yamunanagar, but neither the toll tax has been paid qua the said trucks nor the GPS location shows the said trucks ever been plied in the area of Charkhi Dadri.

v) The petitioner is party to the criminal conspiracy and in pursuance of said criminal conspiracy the petitioner and his co-accused used to make illegal material to be legal without payment of mining royalty to the state government and thereby caused loss to the tune of several crores to the government.

¶25Requirement of custodial interrogation That in the facts & circumstances of the case, the custodial interrogation of the petitioner is necessary as the name and address of the persons indulged in the illegal business with the petitioner is to be ascertained so that the complete racket involved in the commission of offence may be apprehended. The recovery of the mobile phone, e-rawanas and the amount earned by the petitioner by the said illegal activities is to be recovered from the petitioner as the said mobile is necessary for the proper and effective investigation of the case." REASONING:

¶7Petitioner has already declared all his assets, if there is any loss or fraud with the State, recovery qua the same could be made from the petitioner. Pre-trial incarceration should not be a replica of post-conviction sentencing. The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre-trial incarceration.

¶8Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail.

¶9Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused.

¶10While furnishing a personal bond, the petitioner shall mention the following personal identification details:

¶1AADHAR number

¶2Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶11This order is subject to the petitioner's complying with the following terms.

¶12The petitioner is directed to join the investigation within seven days of uploading

this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶13The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶14In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶15This bail is conditional, and the foundational condition is that if the petitioner indulges in any non-bailable offense, the State may file an application for cancellation of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶16Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶17A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

¶18Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA)

JUDGE

11.03.2025 Jyoti-II

210-1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 11.03.2025 Harpreet Singh ...Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. D.S. Patwalia, Senior Advocate with Mr. Kanak Malik, Advocate, for the petitioner. Ms. Harpreet Kaur, AAG, Haryana. ****