Bathinda: The Punjab and Haryana High Court has ruled that custodial interrogation is not necessary if an accused was initially granted interim relief and has already joined the investigation. Setting aside a Bathinda district court order that withdrew an accused's protection, the High Court, in its June 4 order, made the interim anticipatory bail absolute, stating that custody cannot be used as a coercive method to extract information.
Background of the Case
The case pertains to an Excise Act case registered by Phool Police in Bathinda district on May 3. Karam Singh of Dhapali village was booked under the Excise Act after 400 litres of lahan (raw material for liquor) and 20 litres of illicit liquor were recovered. Singh obtained interim bail from a Bathinda court on May 15 and joined the investigation on May 19, as directed.
Lower Court's Decision
Later, the investigating officer argued that custodial interrogation was required to ascertain the whereabouts of persons from whom Singh allegedly procured the distillation equipment and to identify prospective buyers. Accepting this plea, the lower court withdrew the interim protection and dismissed the anticipatory bail application in its order on May 30.
High Court's Observations
The accused then approached the High Court. Exercising its revisional jurisdiction under section 401 of the Code of Criminal Procedure, 1973 (corresponding to section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the High Court examined the records. The court observed that once a recovery is completed, the investigating agency's inability to identify suppliers or buyers does not constitute a valid ground to withdraw discretionary relief, especially when the accused has joined the investigation.
The court stated that custodial interrogation cannot be permitted as a means to employ coercive methods for extracting information. "It is the duty of the investigating officer to conduct a fair and effective investigation by utilising lawful means, professional expertise, and assistance of other members of the investigating team to collect evidence and trace the persons involved," the court said.
Final Ruling
Terming the lower court's cancellation order unsustainable in law, the High Court set it aside. The interim anticipatory bail granted to the petitioner on May 15 was made absolute, subject to the original conditions. The court, however, directed the petitioner to continue joining the investigation as required and abide by the conditions laid down under section 482(2) of BNSS, 2023.
