The Rajasthan High Court has dismissed a petition seeking the quashing of an FIR filed against a police constable who allegedly kept seized opium in his possession illegally for four days. The case involved two constables—Balveer Singh and Jai Singh—who were part of a police team that intercepted a vehicle and recovered contraband.
Justice Farjand Ali, while hearing the case, stated:
“It is a very unique case of unlawful activities and exercise of power by the members of Law Enforcing Authority.”
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The bench was dealing with two connected petitions filed by Balveer Singh and Jai Singh. According to the records, the intercepted opium was recovered on June 21, 2020, but it was not reported to the concerned police station until June 25, 2020. This delay raised serious questions about the conduct of the officers.
Justice Ali emphasized:
“Even having possession of contraband itself is an offence, unless there is a license or legal authority to detain it. A fair practice demands immediate and prompt report of the matter to superior officers and to the police station.”
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The court also pointed out that several layers of investigation indicated suspicious behavior and involvement of both petitioners in the crime. Balveer Singh, who reported the contraband after four days, was already arrested and sent to judicial custody. Meanwhile, Jai Singh, despite being part of the same operation, was reportedly evading arrest.
“The role played by the petitioner is required to be investigated thoroughly and incisively.”
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The court referred to the report dated February 4, 2025, submitted by the Station House Officer of Ratangarh Police Station, which confirmed the allegations of unlawful possession and mishandling of the opium. The court noted that there was sufficient evidence to proceed with the case.
“The FIR discloses the commission of a cognizable offence, and the investigation has yielded enough material to justify further proceedings.”
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While deciding on the application under Section 482 of the Code of Criminal Procedure (CrPC), the court clarified that this power is to be used sparingly and only in exceptional cases. The judge stressed that at this stage, there was no ground to interfere or quash the FIR.
Finally, the court ruled:
“Upon careful consideration of the materials on record and the submissions made, no case is made out for quashing of the FIR at this stage.”
The petitions were therefore dismissed, and the stay applications were also disposed of accordingly.
Title: Jai Singh v the State of Rajasthan, and other connected petition
