Judicial officers should exercise restraint in judicial orders and refrain from passing denigrating remarks against police officials, especially when such remarks are not required for the adjudication of the case before the court.

CRL.M.C. 6288/2023

Page 1 of 12

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Judgment reserved on: 7^thDecember, 2023

Judgment delivered on: 22^ndDecember, 2023

+

CRL.M.C. 6288/2023 & CRL.M.A. 23536/2023 (stay)

STATE (NCT OF DELHI) THROUGH DEPUTY

COMMISSIONER OF POLICE, CRIME-III, DELHI..... Petitioner

Through:

Mr. Sanjeev Bhandari, ASC for State

with Mr. Kunal Mittal, Mr. Arjit

Sharma,

Mr.Shushant

Bali,

Ms.Anvita Bhandari and Ms. Rishika,

Advocates.

Insp.

Rakesh

Duhav,

PS

ANTF,

Crime Branch.

versus

SHADAB

..... Respondent

Through:

None.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

AMIT BANSAL, J.

1.

The present petition has been filed seeking quashing and setting aside

of orders dated 31^stJuly, 2023 and 2^ndAugust, 2023, passed by Special

Judge, (NDPS) Additional Sessions Judge (ASJ), District North East,

Karkardooma Courts, Delhi in a case titled State v. Shadab emanating out

of FIR No. 26/2023, to the extent of observations made therein and the

bailable warrants issued against the petitioner Deputy Commissioner of

Police (DCP) (Crime) vide order dated 2^ndAugust, 2023.

Digitally Signed By:DINESH

KUMAR

Signing Date:22.12.2023

14:32:48

Signature Not Verified

CRL.M.C. 6288/2023

Page 2 of 12

2.

The facts and circumstances, leading to the filing of the present

petition, are that an FIR No. 26/2023 under Sections 21/25 Narcotic Drugs

and Psychotropic Substances Act, 1985 (NDPS) and Section 201 of the

Indian Penal Code, 1860 (IPC) was registered at Police Station Crime

Branch. On 7^thFebruary, 2023, the accused persons were sent to judicial

custody, which was extended from time to time, and the exhibit samples in

the case were sent to the Forensic Science Laboratory (FSL). Subsequently,

the Chargesheet was filed on 31^stJuly, 2023.

3.

Vide order dated 31^stJuly, 2023, the Sessions Judge directed the IO,

SHO, ACP and DCP (Crime) to appear in court before himself as in the

aforementioned case, the Chargesheet was filed without an FSL Report. The

relevant portion of the said order is extracted herein below:-

In view of non-compliance of above said standing order of

Commissioner of Delhi Police, the IO, SHO, ACP and DCP

(Crime) are called upon for the next date of hearing as it

appears to the court that no sincere effects are not being made

by

these

police

officials

to

receive

the

report

of

FSL

expeditiously. To come on 02.08.2023”.

4.

On 2^ndAugust, 2023, DCP (Crime) had requested an exemption from

personal appearance before the Sessions Court as he was pre-occupied with

Digitally Signed By:DINESH

KUMAR

Signing Date:22.12.2023

14:32:48

Signature Not Verified

CRL.M.C. 6288/2023

Page 3 of 12

official duties. However, this request was rejected on the ground that no

official exigencies were shown in the request letter. Furthermore, bailable

warrants in the sum of Rs. 5000/- were issued against the DCP (Crime). The

relevant portion of the said order is extracted herein below:-

…. IO has also brought the request of Sh. Amit Goel, DCP, Crime

B/W in the sum of (Rs. 5,000/- are ordered to be issued against

DCP, Crime Branch. Same are ordered to be executed through

the Commissioner of Police…..”

5.

The directions contained in the impugned orders qua the DCP (Crime)

were stayed by the Predecessor Bench vide order dated 31^stAugust, 2023.

Liberty was also given to the State to place on record additional documents

in the form of similar orders passed by the same Judge in other cases.

6.

In the present case, Notice was not issued to the respondent as the

respondent is only a proforma party.

7.

Learned ASC, appearing on behalf of the petitioner, has made the

following submissions :-

i.

Impugned orders dated 31^stJuly, 2023 and 2^ndAugust, 2023 were

unwarranted and beyond the jurisdiction of the Sessions Court.

ii.

The issuance of bailable warrants against the petitioner DCP (Crime)

vide order dated 2^ndAugust, 2023 was without any basis or authority

in law.

iii.

FSL is an independent body and prepares reports as per its own rules

and

regulations.

The

petiti