19 yrs on, Punjab and Haryana HC quashes FIR in arms licence case

Saurabh Malik

Tribune News Service

Chandigarh, December 10

Nearly two decades after an FIR was registered against then SSP Gurcharan Singh Ferurai in an arms licence case, the Punjab and Haryana High Court has quashed the same on a plea by a co-accused.

Justice Arvind Singh Sangwan also quashed all subsequent proceedings, including an order declaring the co-accused a proclaimed offender. The direction came after Justice Sangwan observed the other accused stood acquitted and the judgment had attained finality.

The matter was placed before Justice Sangwan after a petition was filed against the Central Bureau of Investigation Director and another respondent by Harpinder Singh through counsel HS Dhindsa. He was seeking the quashing of the FIR registered on July 16, 2003, for cheating and criminal conspiracy under Sections 420 and 120B of the Indian Penal Code and provisions of the Arms Act and the Prevention of Corruption Act, by the CBI. Directions were also sought to quash all the subsequent proceedings, including an order dated April 30, 2009, passed by the Patiala CBI Special Judge, vide which the petitioner was declared a proclaimed offender.

“I find that prosecution of the petitioner is nothing but misuse of process of law, as the CBI has produced all the available evidence, both documentary and oral, during the trial and by not believing the same to be worth conviction, all the accused were acquitted. Therefore, no useful purpose will be served in directing the petitioner to face the trial…,” Justice Sangwan asserted.

The allegations in the initial FIR by the police were that Ferurai, ex-SSP, Ferozepur, got arms licences of 24 persons issued from the Ferozepur District Magistrate’s office. On inquiry, it was found that all these persons were Ferurai’s family members or close relatives and “the licences were prepared by using illegal methods by giving his address, while he was posted as the SSP, Ferozepur”.

Justice Sangwan asserted the FIR was registered against 14 persons. One died and two persons, including the petitioner, were declared proclaimed offenders. The remaining 11 accused, including the main accused who faced a full-length trial, were acquitted by the Mohali CBI Special Judge vide judgment dated May 1, 2019. The prosecution could not prove the charges against the accused. The allegations against the petitioner were identical to the co-accused that he had also procured an arms licence by giving fake address of the then SSP as his own address.

Justice Sangwan added the impugned order declaring him a proclaimed offender had lost its significance once the petitioner had appeared before the trial court and was granted the concession of bail. Besides, the main accused and similarly situated 10 other co-accused stood acquitted and the judgment had attained finality as no appeal was filed.

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