Anil Kumar And Another vs. State Of Punjab And Others

Facts

The petitioners, Anil Kumar and another, filed a writ petition before the Punjab and Haryana High Court seeking directions to police personnel in Punjab not to illegally detain carriers of gold bullion, ornaments, or diamond jewelry, nor to unlawfully confiscate such items without following due process. They highlighted concerns about arbitrary detentions and confiscations due to the volatile market and financial variations in precious metal pricing. Following the issuance of notice, the respondent-State circulated guidelines dated 07.05.2023, issued by the Additional Director General of Police, Security, Punjab, to all police personnel. These guidelines outlined procedures for verifying tax invoices and bills for gold/jewelry carriers and stipulated that press releases should only be made after document verification confirmed illegal possession. The petitioners' grievance was specifically that the guidelines lacked a time schedule for verification of documents when suspicion arose.

Held

The Court disposed of the writ petition without commenting on the merits of the case. It directed that police personnel shall abide by the guidelines/instructions dated 07.05.2023 issued by the Additional Director General of Police (Security), Punjab, for checking and apprehending carriers of bullion, gold ornaments, and diamond jewelry. The Court clarified that individuals stopped should be released upon production of original and authentic GST invoices and bills. Crucially, in cases where police officers record or express suspicion, the verification to be carried out by the District Economic Wing/Gazetted Officer must be done expeditiously, preferably within three working days, and not later than five working days. Regarding the petitioners' second prayer for compensation, the Court noted it as a disputed question of fact requiring evidence, and advised the petitioners to pursue remedies in accordance with law if they so advised.

Key Issues

1. Whether the guidelines issued by the Additional Director General of Police, Security, Punjab, dated 07.05.2023, adequately address the concerns of the petitioners regarding the arbitrary detention and confiscation of gold bullion and jewelry by police personnel, and if a time-bound mechanism for verification of documents is necessary? (Question of law and fact, concerning police conduct and administrative guidelines). Petitioner's contention: The petitioners argued that while the guidelines were a step in the right direction, they lacked a prescribed time schedule for the verification of bills and tax invoices by the police when suspicion arose. They contended that they would be satisfied if the verification process, as mandated by the guidelines, was required to be carried out within a specific timeframe. Revenue/State's contention: The respondent-State had no objection to the petitioners' request for a time-bound verification process.