9911796707
TMI Blog2015 (11) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... from each other and the stated grounds also vary, there is nevertheless a commonalty of interests as all the petitioners have sought an independent investigation 'preferably by the Central Bureau of Investigation' into (i) FIR No.45 dated 03.03.2013, u/s 420/467/468/471 IPC, 21/61/85 of NDPS Act and 25/54/59 of Arms Act, registered at Police Station Fatehgarh Sahib; (ii) FIR No.56 dated 15.05.2013 u/s 379/411/473/120-B and 21/22/61/85 of NDPS Act, 1985, registered at Police Station Banur; (iii) FIR No.50 dated 03.04.2013 u/s 18/21/22/61/85 of NDPS Act, 25/54/59 of Arms Act, registered at Police Station Urban Estate Patiala; (iv) FIR No.292 dated 26.10.2013 u/s 307/34 IPC, 25/54/59 of Arms Act and 21/22/61/85 of NDPS Act, registered at Police Station Civil Lines, Patiala; (v) FIR No.42 dated 22.03.2013 u/s 22/61/85 of NDPS Act registered at PS Sirhind; and (vi) FIR No.69 dated 08.03.2013 u/s 21/22 of NDPS Act and Sec. 13 of FEMA Act, 1999 registered at Police Station Gobindgarh, District Fatehgarh Sahib. Since the prosecution has also pleaded that the FIRs are interlinked, we propose to decide these cases by a common order. For convenience, the facts of each case are briefly stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Both the manufacturing units are said to be in strict compliance of the stringent conditions referred to in Schedule 'A' of the Narcotic Drugs and Psychotropic (Regulation of Controlled Substances) Order, 2013 for the manufacture, possession and sale etc. of the controlled substances which are used to manufacture anti-cold, cough expectorant medicines in the form of tablets, capsules and liquids etc. The manufacturing units have been duly certified for following good manufacturing practices and their licences have been renewed periodically. (8) The State Drugs Controller, Licensing Authority-cum- Controlling Authority, Baddi, Distt. Solan (HP) has issued neutral Code No.HP/Drugs/12/666 dated 04.08.2012 to the petitioner's manufacturing unit for exports only. The wholesale drugs licence dated 19.02.2013 has also been granted by Drugs Licensing Authority, Baddi (HP). Furthermore, the Zonal Director, Narcotics Control Bureau vide certificate dated 02.09.2013 (P5) has authorized the purchase, store and consumption of controlled substances like Pseudoephedrine HCL and Ephedrine HCL. The Department of Excise and Taxation, Himachal Pradesh has also issued a certificate of registration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.2013. The allegation is that the petitioner along with his brother Paramjit Singh and their colleagues at the two factories at Baddi (HP) and Pathankot was involved in the preparation of intoxicating drugs such as ICE and other contraband. (11) The Judicial Magistrate, First Class, Mohali remanded the petitioner to police custody for five days on 14.11.2013. During this period, various searches and seizures were allegedly conducted at the factories, residence(s) and other premises of the petitioner. These searches or seizures are claimed to be totally illegal for (i) none of the licensing authorities at Himachal Pradesh were informed or associated; (ii) all of the premises were vandalized - locks were broken, office premises ransacked and computers lifted, as can be seen in CCTV footage (P53); (iii) the raid was conducted in an unauthorized manner and without associating the drug licensing authority or the police of Himachal Pradesh given that the SHO of Police Station Banur left his own mobile phone with a co-official at the factory premises (HP) while taking the petitioner back to Police Station Banur. (iv) the licence, articles/substances available for manufacturing were late ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed the State of Punjab to file a status report in respect of the averments made in a miscellaneous application filed by the "Lawyers For Human Right International". The status report was duly submitted in a sealed cover with affidavit dated 27.01.2014 and after perusing it, this Court directed that it be kept in custody after re-sealing. A further status report was directed to be filed in a sealed cover and in compliance thereto, the second status report dated 01.03.2014 had been filed. On perusal of the second status report, the Division Bench vide order dated 05.03.2014 observed that there was no reason to say that the investigation was not proceeding properly and that this Court is already monitoring the matter and would issue appropriate directions to entrust further investigation to any specific body, if need be. (19) Meanwhile, CWP No.12 of 2014 (Jagmeet Singh Brar vs. State of Punjab & Ors.) and CRM No.M-17130 of 2013 filed by Sumeet Kaur w/o Avtar Singh @ Tari, both seeking transfer of the investigation to an independent agency/CBI were disposed of by this Court without accepting this prayer. Thereafter, petitioner's wife Inderjit Kaur Chahal filed CWP No.28226 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l as `8.70 lacs were recovered. Jagdish Singh @ Bhola could not be arrested as he had gone underground. Proceedings u/s 82 and 83 CrPC were initiated and he was declared a proclaimed offender on 19.10.2013. (22) Some more members of the gang, namely, Satinder @ Dhama and Baljinder Singh @ Sonu were arrested on 15.05.2013 when they were moving in a stolen car with a false registration No. During a search of the car, 500 gm MM (ICE) was recovered. On the basis of disclosure statement of one of them, 10kg Pseudoephedrine and one Fortuner car used in the drug racket was recovered. Based on information disclosed by the other gang member, 500gm ICE, 10 kg Pseudoephedrine and a Skoda car, were recovered. (23) On 20.05.2013, Deep Singh @ Deepa, resident of Panchkula (Haryana) was arrested and one pistol of .30 bore, one pistol of .380 bore and 47 live cartridges were recovered from his possession. Finally, Jagdish Singh @ Bhola and Sarabjit Singh @ Sabha were arrested on 11.11.2013 near Ganaur, District Panipat, Haryana from Shan-e-Punjab dhaba and during the search 1kg of MM (ICE) was recovered from Jagdish Bhola and 500 gm was recovered from Sarabjit Singh @ Sabha. 10kg Pseudoephedrine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is specifically averred that the local Drug Inspector of Himachal Pradesh Kamlesh Nayak was also part of the investigations; copies of seizure memos were supplied to him and the signatures on the seizure memo in token of receipts of the copies have been obtained by the investigating officer. (26) Similarly, during the search of M/s Montek Bio Pharma, 165 kg intoxicant powder, 250 gm (MM), 175 kg Pseudoephedrine, 8.5 kg MM and 50 kg salt Sodium Chloride along with one Mahindra Maxi truck No.PB-02-BQ-9330 and four other vehicles belonging to the petitioner were recovered. As regards petitioner's role in the drug racket, it is claimed that he has been found to be the key supplier of the "precursor chemicals Ephedrine and Pseudoephedrine to the members of the drug racket and these precursor chemicals were used in the illegal manufacture of methamphetamine (ICE) a synthetic drug which is listed as a psychotropic substance in the Schedule attached with the NDPS Act". The affidavit candidly acknowledges that the petitioner possesses licence u/s 9A of the Act but he misused the precursor chemicals and supplied these for manufacture of MM (ICE). The illegal deviation of Ephedrine and P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereof were sent to the Judicial Magistrate. (29) It may also be noticed that while the petitioner was in custody in FIR No.56 dated 15.05.2013 he was also arrested in FIR No.109 dated 24.12.2013 u/s 21/27/29/7/85 NDPS Act registered at Police Station Lambra, District Jalandhar. He was later on released on regular bail by a learned Single Judge vide order dated 22.03.2014. The order granting bail to the petitioner and his brother (Paramjit Singh Chahal) have been separately challenged by the State of Punjab. (30) Meanwhile, charges have been framed in FIR No.56 dated 15.05.2013 on 06.08.2014 whereas challan FIR No.109 dated 24.12.2013 has also been presented on 26.08.2014. (Manpreet Singh @ Mani Gill vs. State of Punjab) (31) The petitioner has made dual prayer in his petition U/S 439 read with Section 482 of Code of Criminal Procedure. He seeks his release on regular bail in FIR No.69 dated 08.03.2013 u/s 21/22/61/85 of NDPS Act, 1985 read with Section 13 FEMA of 1999 registered at Police Station Gobindgarh, District Fatehgarh Sahib, as well as a direction to hand over the investigation of this case to the Central Bureau of Investigation. (32) The petitioner is a Non-Residen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ' conducted and one police official Harjit Singh Belt No.363, is said to have admitted his presence at the residence of the petitioner as well as the motive behind the petitioner's arrest. The entire conversation has been recorded in the audio/video CD (P12) which has been certified to be genuine by Truth Labs (a non-profit public society) (P13). (34.4) The petitioner further asserts that on 07.03.2013 "the Punjab Police Officers including one Senior Superintendent of Police threatened him" and increased the demand from Rs. 50 lacs to Rs. 1 crore failing which his family and children were also to be implicated. By that time the petitioner was completely exhausted and being "a loving husband, father and son", he accepted this demand and somehow tried to arrange the illegal gratification demanded by the Police Officers. (34.5) The petitioner was provided his wife's mobile phone to call his brother-in-law Bobby Basra settled in Vancouver (Canada) through whom the petitioner arranged for the enormous amount for their relatives in India. (34.6) The police officers fixed two destinations for payment of the enormous sum Rs. 50 lacs were to be paid at Mukarba Chowk, New Delhi and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et and a huge quantity of drugs and drug money was recovered. (39) Anoop Singh Kahlon (NRI) and his associate Kulwinder Singh (Indian) were intercepted in an Innova Car and 540 gm heroin and Indian currency worth one million Rupees were recovered. FIR No.45 dated 03.03.2014 under various provisions of NDPS Act, Arms Act and IPC was registered. On 08.03.2013, the petitioner (NRI) along with one Gabbar Singh (Indian citizen) was intercepted in the area of Focal Point, Police Station Mandi Gobindgarh and 2kg heroin and 20kg narcotic drug powder and Rs. 1 crore were recovered. The officials of the Canadian Embassy were immediately informed about the arrest of Anoop Singh Kahlon as well as the petitioner through short messaging service. Subsequently, the information of their arrest was also sent in writing to the Canadian High Commission. The particulars of several FIRs registered on different dates between March to May, 2013 in which a huge haul of illicit drugs, Indian and foreign currencies, weapons and vehicles were recovered, was also sent. It is claimed that during the course of the investigation the names of many Canadian citizens who were associating with other Indian smugglers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suffer. Statements of Ranjit Kaur - sister of Gabbar Singh as well as Gabbar Singh himself (P44 colly) are relied upon to boost the allegations against the Punjab Police. The signed statements of security guards of the Apartment Building where the petitioner resides (P46 colly) are also relied upon. (44) The petitioner claims that on 04.03.2013 photographs were taken on his Apple i-Pad on the occasion of his son's birthday and these photographs reveal the presence of Punjab Police officers at his residence. Due to such confinement, his son could not appear in the examination of Don Bosco Global School which has been certified by that school (P49 colly). The confirmed return ticket of Ravinder Grewal @ Robin which allegedly rescued him and the call details of the police officers who allegedly accompanied him to the Delhi Airport are now appended (P50). The call records of petitioner's brother-in-law in Canada (Bobby Basra) and the petitioner's wife have also been referred to (P51). (45) The petitioner's family is said to have made certain audio/video recordings/sting operations to establish the illegal arrest and torture suffered by him and his family (P54 colly). (46) The other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w. (53) The petitioner has alleged that on 06.04.2013 at about 8.30 am, a police force of about 135 police personnel traveling in two buses, two Innova cars and one Gypsy car arrived at his residence and without showing any Search Warrant to the petitioner's mother, ransacked his entire house after breaking doors, windows etc. They untied the domestic cattle and "confiscated Toyota Qualis car PB-05K-7070 which belongs to Mr. Tarlochan Singh who is friend of the petitioner". The car was allegedly borrowed from his friend. The police forced the mother of the petitioner to sign some blank papers. Thereafter, the police personnel left at around 1.30 pm but raided the petitioner's house again on 08.04.2013 and stopped him from harvesting the wheat crop. (54) The above-stated action of the police authorities is in utter disregard to the law of the land and the mandatory provisions contained in Punjab Police Rules 1934. No notice under Section 105-F of CrPC was served after the confiscation of Toyota Qualis car. (55) The petitioner has alleged that the ruthless and violent display of power carried out is actually in furtherance of the FIR registered against Sarabjit Singh, the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C. During the investigation of this case, it was found that the above named vehicle was registered in the name of Tarsem Singh s/o Sohan Singh. The other allegations regarding preventing the petitioner from harvesting his crop etc. have also been refuted. The affidavit of Tarsem s/o Sohan Singh, owner of Toyota Qualis car No.PB 05K-7070, has been appended (R5) and as per its contents, the said vehicle was in fact purchased by SI Sarabjit Singh in the name of the deponent as SI Sarabjit Singh was unable to purchase the same in his own name given that he was a government employee. (4) CRM-M-43597-2013 (Sarabjit Singh vs. State of Punjab) (5) CRM-M-2915-2014 (Sarabjit Singh vs. State of Punjab) (60) SI Sarabjit Singh of Punjab Police (since dismissed) has filed these two petitions u/s 482 CrPC for quashing of FIR No.69 dated 16.04.2013 u/s 420/467/468/471 IPC and 21/61/85 of NDPS Act registered at PS Fatehgarh Sahib and to order independent probe into FIR No.45 dated 03.03.2013, registered u/s 420/467/468/471 IPC, 21/61/85 of NDPS Act and 25/54/59 of Arms Act at Police Station Fatehgarh Sahib. In the first petition, he has leveled allegation against Sikander Singh Malooka, presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le on 16.04.2013 from Davinder @ Happy is totally false, baseless and concocted. (64) The State of Punjab has controverted the petitioner's claim by way of reply/affidavit of Deputy Superintendent of Police, Nabha. It is averred that the petitioner who is now a dismissed Sub Inspector of Police was earlier also involved in the following criminal cases:- (i) FIR No.20 dated 17.03.2007 u/S 365, 466, 342, 323, 120-B 34 IPC PS Dayalpura, District Bathinda; (ii) FIR No.123 dated 13.07.2001 u/S 218, 342, 34 IPC PS Kharar, Mohali; (iii) FIR No.54 dated 04.09.1997 u/S 15/61/85 of NDPS Act, PS Dehlo, District Ludhiana; (iv) FIR No.160 dated 28.06.1999 u/S 420, 467, 468, 471, 120-B IPC, PS Sector 39, Chandigarh. (65) It is further averred that the petitioner has been declared a proclaimed offender in FIR No.45 dated 03.03.2013. He had earlier filed a bail application before this Court in FIR No.69 dated 16.04.2013 which he withdrew stating that he will avail the remedy by surrendering before the trial Court. This Court directed the trial Court to decide the bail application within two days of its filing but the petitioner has not surrendered till date. The allegation of taking th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctor Davinder Attri were present. They told the petitioner that they wanted to enquire about the whereabouts of his son as he was involved in a drug case in Fatehgarh Sahib. The police team took the petitioner along with them with the permission of the Chief Engineer. (69) According to the petitioner, efforts were made to trace his son Davinder Singh @ Happy in Chandigarh, who gave a call to his mother through mobile No.9180813605. She then gave this number to the petitioner who called Davinder Singh @ Happy and told him that they were looking for him. Davinder Singh @ Happy told the petitioner that he was out of station and would soon return to Sector 10, Mohali. Inspector Davinder Attri got the location of his mobile phone tracked and all of them then reached Sector 10, Mohali where Davinder Singh @ Happy was handed over to Inspector Attri. On the basis of the afore-stated averments, it is claimed that the petitioner's son Davinder Singh @ Happy had in fact been in police custody since 06.04.2013 and it was a totally false story that he was arrested along with Toyota Qualis vehicle No.PB-05K-7070 on 16.04.2013. The petitioner alleges that it is a clear case of false implication ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party led by Inspector Ramandeep Singh came to the petitioner's house on 31.03.2013 and wanted to conduct a search but the petitioner's elder brother Vijay Dhama called the PCR of Panchkula due to which the Punjab police left the scene. After some time, the Punjab Police party returned and claimed that there was some drug lying in a sealed cover in the Optra car parked outside the house which is why they wanted to take away the vehicle to Fatehgarh Sahib, Police Station. The family of the petitioner did not permit it and they insisted that the vehicle be checked at the site. The local residents are said to have checked the vehicle at the site and nothing was found in it. The Haryana Police also took the car to Police Station Sector 14, Panchkula where nothing was found in the car. (75) The petitioner has alleged that on the very next day i.e. on 01.04.2013 it was reported in the media that a huge haul of contraband drugs was effected from Innova car parked in the house of the petitioner. Based upon that alleged recovery, the petitioner was implicated in the FIR No.45 dated 03.03.2013. The petitioner claims that the Innova car could not be parked inside the house as some construct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 17.05.2013 and took his mobile phone from his father but the same has not been shown as the case property. (80) The petitioner was taken on police remand on 15.11.2013 in FIR No.50 dated 03.04.2013 as some contraband was said to have been recovered from his house besides one weapon. The petitioner was again taken on police remand on 21.11.2013 by Patiala police in FIR No.292 dated 26.10.2013 registered at Police Station Civil Lines Patiala. No recovery has been shown to have been effected from the petitioner in that case. (81) According to the petitioner the only reason for his implication in this case is "to extort money" and to make the tall claim of having solved the drug menace in the State of Punjab. (82) The petitioner relies upon the allegations made by Manpreet Singh Gill in CRM-M-17238-2014 regarding the alleged demand of bribe of Rs. 50 lacs and then Rs. 1 crore by the Punjab Police. The petitioner has further pointed out the alleged third degree torture given to Gill and some of his associates to justify independent investigation into the above-cited FIRs. (83) The State of Punjab has filed its reply by way of affidavit of Superintendent of Police (D), Patiala in w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterrogation they revealed that the petitioner used to supply drugs to them. Hence the production warrants were obtained and the petitioner was arrested in this case as well. It is thus claimed that the petitioner is an active member of the gang and the allegations of false implication are totally baseless. (9) CRM-M-32827-2014 (Maninder Singh @ Bittu vs. State of Punjab & Ors.); (86) In this petition u/s 482 CrPC, the petitioner seeks entrustment of the investigation of case FIR No.56 dated 15.05.2013 u/s 379,411,473,120-B,468,471 IPC, 21/22/25/25-A/29 of NDPS Act and 25 of Arms Act registered at PS Banur, District Patiala to Central Bureau of Investigation, as according to him, the investigation conducted by the Punjab Police is blatantly in violation of the provisions of the Code of Criminal Procedure and he has been falsely implicated for extraneous considerations. (87) The petitioner statedly belongs to an affluent family who own several commercial, residential and agricultural properties as well as businesses like hotels, petrol pumps and real estate etc. A brief description of about 16 immovable properties and other assets owned by the family are summarized in P-7. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rted recovery. The petitioner was allegedly picked up by Sukhwinder Singh Randhawa, SHO Civil Lines Amritsar and DSP Balkar Singh Civil Lines, Amritsar at about 8.30 am on 14.11.2013 from Amritsar and not from Rajpura as claimed in the supplementary challan. The mobile phone location of the petitioner i.e. 98148-20004 and that of the abovenamed police officers would reveal the authenticity of this claim. Further, if CCTV camera recording of 14.11.2013 at the Toll Plaza en route from Amritsar to Patiala are seen, it would stand established that the petitioner was in the illegal custody of Amritsar police. The petitioner also relies upon the fact that on one hand, he was produced before the CJM, Mohali on 15.11.2013 at about 3.30 pm and on that very day recoveries are shown to have been effected from his house which is at a distance of 5 hours drive from Mohali. The alleged recoveries are fake and none of the witnesses were present at the spot. (90) The petitioner raised these contentions before the Special Judge and sought a direction for further investigation u/s 173(8) CrPC. The trial court without even considering such legal issues, framed the charges vide order dated 05.08.2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing foreigners like Palwinder Singh @ Pindi Uncle - a resident of Canada. (10) CWP-341-2014 (Balchhinder Singh vs. State of Punjab & Ors.). (94) The petitioner is the father of the alleged kingpin of drug-mafia, namely, Jagdish Singh @ Bhola. Through this petition under Article 226/227 of the Constitution, he seeks a direction to the State of Punjab and its Police authorities to hand over further investigation of the entire drug scam accusing his son Jagdish Singh @ Bhola who has been involved in the (i) FIR No.45 dated 03.03.2013 u/s 21/61/85 of NDPS Act, 420/467/468/471 IPC, 25/54/59 of Arms Act registered at PS Fatehgarh Sahib (P9); (ii) FIR No.42 dated 22.03.2013 u/s 22/61/85 of NDPS Act registered at PS Sirhind (P10); (iii) FIR No.69 dated 08.03.2013 u/s 21/22 of NDPS Act and Sec. 13 of FEMA Act, 1999 (P13); (iv) FIR No.50 dated 03.04.2013 u/s 18,21,22,61,85 of NDPS Act; 25/54/59 of Arms Act registered at PS Urban Estate, Patiala (P17); (v) FIR No.56 dated 15.05.2013 u/s 379,44,473,120-B IPC, 21/22/61/85 of NDPS Act registered at PS Banur (P18), to the Central Bureau of Investigation, as three Cabinet Ministers in the Punjab Government are alleged to be directly involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icated in FIR No.216 dated 02.11.2007 registered u/s 22/23/25/38/61/85 of NDPS Act registered at Police Station Samrala, District Ludhiana in which the High Court granted him anticipatory bail and finally he was discharged by the Special Judge, Ludhiana vide order dated 15.02.2011 (P8). A petition filed by the petitioner's son seeking a compensation of Rs. 20 lacs for his malicious and vexatious prosecution has been admitted by this Court. (99) FIR No.45 dated 03.03.2013 was registered at Police Station Fatehgarh Sahib against Anoop Singh Kahlon from whom the recovery was allegedly effected in the presence of Gazetted Officer DSP Arshdeep Singh Gill who was SHO Police Station Rampur when FIR No.9 dated 16.01.2002 was registered against the petitioner's son. The acquittal and initiation of proceedings against police officers for vexatious prosecution in that FIR have since been briefly stated. (100) Yet again to falsely entangle the petitioner's son in the FIR No.45 dated 03.03.2013, a raid was conducted at his house on 07/08.03.2013 without any search warrant or any lady Police officials being present and various valuable items including `75,000/- in cash were forcibly taken away ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d offender by the Fatehgarh Sahib Court on 19.10.2013. Though four independent persons were joined as witnesses at the time when raid was conducted, only one out of them signed the recovery memos as others were under the fear of enmity with Jagdish Singh @ Bhola and his gang. (105) Giving the brief history of involvement of petitioner's son in various cases under NDPS act, the reply mentions the following list of cases registered against him:- (i) FIR No.07 dated 16.01.2002 u/s 15 of NDPS Act, PS Phool, District Bathinda; (ii) FIR No.08 dated 16.01.2002 u/s 15 of NDPS Act, PS Phool, District Bathinda; (iii) FIR No.09 dated 16.01.2002 u/s 15 of NDPS Act, PS Phool, District Bathinda; (iv) A case registered by National Crime Bureau at Mumbai; (v) FIR No.216 dated 02.11.2007 u/s 22,23,25,28 of NDPS Act, PS Samrala; (vi) FIR No.45 dated 03.03.2013 u/s 22 of NDPS Act, PS Fatehgarh Sahib; (vii) FIR No.42 dated 22.03.2013 u/s 22/61/85 of NDPS Act, PS Sirhind, District Fatehgarh Sahib; (viii) FIR No.69 dated 08.03.2013 u/s 21/22/61/85 of NDPS Act, 13 of FERA Act, 1999 PS Mandi Gobindgarh, District Fatehgarh Sahib; (ix) FIR No.69 dated 16.04.2013 u/s 22/61/85 of NDPS Act, 420, 467 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Manjit Singh, Advocate, Mr. Ranjan Lakhanpal, Advocate,counsel for the petitioners and Ms. Reeta Kohli, Additional Advocate General with Mr. Vaibhav Sharma, Deputy Advocate General for the State of Punjab. The records relied upon by them and the documents referred to by them during the course of hearing have also been carefully perused to gauge whether the investigation of these cases deserves to be transferred from Punjab Police to any other Agency. The reply/affidavits filed by the Central Bureau of Investigation and the NCB too have been kept in view. FACTS AND ISSUES COMMON TO ALL THE CASES:- (111) There has been complete unanimity amongst lawyers on all sides that there is a frightful plague of drug menace in the State of Punjab. The civic society groups, NGOs, media and several other stakeholders have time and again highlighted the plight of the huge amount of the populace addicted to synthetic drugs and other narcotics. The conventional means of inebriation like poppy husk, opium or liquor have given way to psychotropic substances and synthetic drugs. The only point of dissent between the parties centered around the blame-game as to who are the root causes for this tormen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nes for trafficking both within and out of India". (115) The police version further suggests that the drug racketeers in Punjab have nexus across the border also and various NRIs living in Canada or UK are involved in this illicit trade. GROUNDS PLEADED BY PETITIONERS FOR TRANSFER OF INVESTIGATION (116) Before we move to the common grounds taken by all the petitioners in support of their demand for independent investigation by CBI etc., it would be apt to recapitulate the contentions raised by Mr. Vikram Chaudhri, learned senior counsel in Jagjit Singh Chahal's case (CWP-88-2014), alleging false implication of that petitioner for the reasons that:- (i) There are totally unsubstantiated allegations of diverting 'controlled substance' in violation of and/or misuse of the licence granted by Narcotics Control Bureau (NCB); (ii) it stands conceded that Chahal was actually arrested on 13.11.2013 and not on 14.11.2013 as was initially shown by the Police in the Arrest Memo, Memo of Personal Search and Memo of Disclosure Statement etc. while seeking his police remand; (iii) the car from where alleged recovery was effected on 14.11.2013, was being driven by a police official from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icial from Himachal Pradesh Police was associated or visited his pharmaceutical manufacturing units between 13.11.2013 to 17.11.2013. (117) Similarly, in the case of Manpreet Singh @ Mani Gill (CRM-M-17238-2014), his learned counsel strenuously urged that:- (i) the petitioner is a victim of demand for hefty bribe by the Punjab police; (ii) the sting operation conducted on a police official (Harjit Singh Belt No.363) clearly set out the motive behind the petitioner's arrest; (iii) the presence of police officials for the receipt of gratification i.e. fifty lakh rupees near Mukarba Chowk, New Delhi and the remaining fifty lakh rupees near Fawara Chowk, Ludhiana is well established from the call records of their mobile phones; (iv) the physical torture given to the petitioner to extract confession or the so-called disclosure statements have been strongly condemned by the Canadian Embassy who has further supported the petitioner's prayer for independent investigation; (v) the photographs of the police officials found present at his residence in Ludhiana reinforce his allegations; (vi) the audio recording of calls between the petitioner's brother-in-law from Canada and investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cs has also been an eye-sore for the disgruntled rivals who, due to their close proximity with the seat of power, have ensnared some of the petitioners in false cases; (ix) The call details of mobile numbers of the police officers which are duly preserved under the orders passed by the Special Judge, Fatehgarh Sahib or the audio/video recordings on CCTV cameras and sting operations also fortify the false implication of petitioners. (119) Counsel for the petitioners also cited a catena of decisions where the investigation was entrusted to independent agency like CBI, keeping in view the serious allegations made against the local police due to which credibility would have been at stake had the same police investigated the matter. A brief reference to these decisions is made in the later part of this order. (120) Ms. Reeta Kohli, Addl. AG and Mr. Vaibhav Sharma, DAG representing the State of Punjab and its Police Department very strenuously refuted the allegations leveled against the Punjab Police. They urged that not only this Court in exercise of its public interest jurisdiction but several other stake holders expressed their concern against the narco-terrorism. The Punjab Police ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh Kahlon and Manpreet Singh @ Mani Gill was referred to as in its para 13.1.7, it has been categorically held that "in view of the above, the Complainant considers the amount of Rs. 1,00,00,000/- as proceeds of crime". (vi) The Drug Control Authorities of various States like Tamil Nadu, Andhra Pradesh, Maharashtra have verified that the consignees to whom the drug manufacturing units of Jagjit Singh Chahal are claimed to have supplied the manufactured drugs with controlled substance either do not exist or the invoices are not 'genuine'. For example, the Assistant Commissioner, Food and Drug Administration, Jalgaon (Maharashtra) informed on 16.09.2014 to the State Drug Controller, Himachal Pradesh that "all invoices in the name of Smartmind Health Care, Jamner and Paris Medicament Jalagaon were found forged and they have not purchased the said medicines through these invoices". Similarly, M/s Vishwak Pharma (Guntur), M/s Novagen Captab (Chandigarh) and M/s Bhivani Medical and Genral Stores (Nizamabad) and to whom manufactured drugs were 'sold' are reported to be not existing. (vii) Likewise the Department of Drugs Control, Tamil Nadu vide their letter dated 29.09.2014 informe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lved a controlled delivery of 300kg Ketamine found in secreted in 40 barrels of Tert-Butanol in a shipping container that originated in India. The shipment was consigned by Shiv Jyoti Sales Corporation in Delhi and originally destined for Starchem Incorporated, C/O Gap Investments Inc in Montreal, Quebec. It was later redirected to a storage location at 2-250 Trowers Road, Woodbridge Ontario. The Barrels remained here for 2 days before they were removed and loaded into a trailer and stored at Mulla Logistics/AD Tractor and Trailer Repair, truck yard located in Brampton, Ontario, Movement and storage of the barrels was arranged by Deepinder Gill under the alias "Gary" and the rental arrangements were paid in cash. Surveillance was continuous throughout the shipping and movements however the load was not collected. RCMP finally discontinued surveillance and seized the trailer containing the shipment on 2012 August 25. **This information has previously been shared with the Directorate of Revenue Intelligence with whom our office collaborated on this case.** The Investigation in Canada failed to produce sufficient evidence to support criminal charges. On a positive note however, inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reinvestigation into these cases when the matter is sub judice before the Special Court and all the petitioners' contentions can well be considered by that Court; (xx) This Court should exercise its power to refer the investigation to an independent agency like CBI only sparingly when the material on record creates a reasonable doubt in its mind that the innocent have been implicated and the culprits have gone scot-free, which is not the case here; (xxi) This Court is already monitoring the progress of these cases as is evident from the status reports submitted by the Punjab police from time to time in the PIL proceedings; (xxii) The State of Punjab has set up its own State Narcotics Control Bureau and the Director General of Police has constituted a team comprising the Director of that Bureau and DIG Administration to review the investigation of these cases including "examination of fairness of investigations conducted so far" and also to identify the areas uncovered by the investigations so that supplementary investigations could be conducted" etc.; (xxiii) The petitioner-Jagjit Singh Chahal is making all out efforts to stall the ongoing trial so as to evade the consequences ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d charge-sheet had been submitted. The principle laid down was that in a case of police inaction/atrocities, it is necessary to ensure that investigation should not only be fair but also seen to be fair so as to instill fairness in the minds of the victims' relative and the general public. (126) In Vineet Narain & Ors. vs. Union of India & Anr., (1996) 2 SCC 1999, the Supreme Court held that where the matter involved great public interest like 'Hawala' transactions, the CBI or other authorities ought to be directed to conduct proper and expeditious investigation. (127) Zahira Habibulla H. Sheikh v. State of Gujarat & Ors. (2004) 4 SCC 158, recognizes the power of the Court to order re-trial depending upon the peculiar facts and circumstances of a case. Similarly, the power to order re-investigation was also reiterated on the grounds like - 1. Dishonest and faulty investigation. 2. Trial held in perfunctory manner - Large number of PWs turning hostile and resiled. 3. Star witnesses threatened. 4. Prosecuting Agency not acted in requisite manner - Public Prosecutor rather acted as defence counsel. 5. Large number of PWs not examined for one reason or the other - Even injured w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to not only taking the defence available to the petitioner into consideration at the threshold of trial but also to ask the investigating agency to verify such defence plea, thereby relieving the petitioners of discharging the onus placed upon them by law. It was further held that where cognizance of the offence has already been taken and trial is going on under the NDPS Act, it would not be appropriate for the Court to direct fresh investigation or re-investigation by some other agency. (134) We may also refer to Disha vs. State of Gujarat & Ors., (2011) 13 SCC 337 where the prayer to transfer investigation to CBI in a case of financial scam alleging collection of Rs. 60 crores by petitioner's husband on false assurance of high premium from time to time, was rejected by the Supreme Court observing that (i) the petitioner had not alleged that any investor was powerful/capable enough to influence the investigation; (ii) the simple allegations were of harassment and alleged suppression of material information by the police; (iii) similarly, there were allegations of uncoordinated investigation due to corruption etc. and (iv) abetment of suicide of her husband by politicians, bureauc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is an integral part of one's fundamental as well as human rights. Such a right does accrue when the ongoing investigation by the local police lacks credibility or is hampered by influential and powerful people. Equally important is the evaluation of comparative efficacy and capability of the local police vis-à-vis the new agency, for securing timely, fair, equitable and unbiased investigation. Yet another relevant factor would be in regard to who has sought the transfer of ongoing investigation, namely, the suspects of the crime or its victim(s)? The majority of the cases where the Apex Court or High Courts have entrusted investigation to an independent agency are at the instance of the victims of crime who were at the receiving end due to the lackadaisical, offhand and callous approach of the investigating agency, or because police officials themselves were accused in the case, or when involvement of an influential person was causing an impediment to the fair investigation by the local police. ALLEGATIONS AGAINST THE LOCAL POLICE (138) Adverting to the allegations leveled by the petitioners against the local police, it may be seen that the senior-most officer accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner would be under a heavy onus to explain his known sources of income for establishing a big empire comprising hotels, petrol pumps, real estate business besides numerous properties. (142) The petitioners have accused the Punjab police of bailing out some affluent persons allegedly involved in the drug racket. Such a plea will be surely worth consideration if raised at the instance of a victim, a vigilant citizen or in pro bona publico but not at the instance of suspects of the crime. Assuming that the allegation is correct, it still does not clothe the petitioners with any right to seek their discharge without facing the trial. It goes without saying that the Special Court has got ample powers under Section 311 CrPC to summon any material witness and examine such person if his evidence appears to be essential to the just decision of the case. Similarly, the trial court can invoke its powers under Section 319 of the Code to proceed against a person when it appears from the evidence during the course of trial that such person not being the accused has committed any offence and is liable to be tried together with the accused. The recourse suggested above has got the seal of approv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k such relief before the Special Court, if not applied earlier and then he may separately move this Court. The observations made in this case shall have no bearing on merits of his prayer for bail. Whether implication of pharmaceutical manufacturers in NDPS cases is ex facie illegal? (146) The plea that the pharmaceutical industries located outside the State of Punjab have been implicated in total abuse of the police powers rests on the premise that such manufacturing units are duly licensed by the State Drug Controller(s) or the Narcotic Control Bureau whereunder they are lawfully entitled to manufacture, distribute, sell, purchase and possess the controlled substances included in Schedule 'A' of NDPS Act. The breach of any condition prescribed in these licences or the Rules, it was urged, may entail penal consequences at the instance of the Licensing Authorities but the Punjab Police has got no power to slap NDPS cases on the petitioners. (147) Before dwelling upon this issue further, it is useful to notice the legislative scheme and Object behind the NDPS Act, which has been enacted to make stringent provisions for the control and regulation of operations relating to narcotic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of `1 lac is prescribed (Sec.25A). Even the employees of the licence holder, if found acting on behalf of such licensee, are liable to be punished for these contraventions under Section 26 of the Act. The effect of the policy of deterrence is further visible from Sections 27-A, 28, 29 & 30 of the Act which provide punishment (i) for financing illicit traffic and harbouring offenders; (ii) for attempt to commit offences; (iii) for abetment and criminal conspiracy; and (iv) even for preparation to do or omit to do anything which constitutes an offence punishable under the Act. (151) There are two more significant provisions i.e. Sections 36-A & 37 of the Act, both starting with non obstante clauses. While 36-A mandates that all the offences are triable by Special Courts, Section 37 declares these offences to be cognisable and non-bailable and it further imposes stringent conditions for the grant of bail. (152) Chapter-V of the Act deals with the procedure whereunder the power of entry, search, seizure, arrest, confiscation, attachment as well as of power to stop and search conveyance when there is a reason to suspect that such conveyance is about to be used for the transport of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led substance in Schedule A shall be moved from one place to another place, within India, except when it is accompanied by a consignment Note in Form G". (156) Clause 8 of the Order provides that no person shall sell a 'controlled substance' in Schedule A to a buyer who does not possess valid registration number issued under sub-clause (i) of Clause 4. Schedule 'A' of 2013 Order enlists the following 'controlled substances':- 1. Acetic anhydride 2. N-Acetylanthranilic acid 3. Ephedrine and its salts 4. Pseudoephedrine and its salts (157) It thus emerges that Ephedrine and its salts and Pseudoephedrine and its salts are included in Schedule 'A' and their manufacturing, distribution, sale, purchase, possession, storage or consumption including transportation has to be carried out strictly as per the provisions contained in the 2013 Order. If there is any contravention of such provisions, Section 9-A of the Act is directly attracted and the act would be liable to be punished with rigorous imprisonment for a term which may extend upto 10 years with fine of `1 lac under Section 25-A of the Act. (158) To say it differently, the misuse of a 'controlled substance' whether Ephedrine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est; (b) how and when the raid was conducted; (c) whether or not the Drug Controlling Authority and Police of State of Himachal Pradesh were associated by the Punjab police; and (d) whether the contraband allegedly recovered from their vehicles or factories have been planted, on the final pronouncement to be made by the Special Court, is a premature and contentious issue and cannot be pre-judged through re-investigation. (164) It may be observed at this stage that one of the Pharmaceutical units of Jagjit Singh Chahal i.e. MBP Pharmaceutical Private Limited approached Hon'ble High Court of Himachal Pradesh in CWP No.3496 of 2014, questioning the legality of searches and seizures conducted by Punjab Police in its premises on 15th & 16th November, 2013, on the ground that the due procedure and mandate of law was not followed and its action was "without any jurisdiction". The High Court dismissed the writ petition vide order dated 20th August, 2014 being premature but only after observing that "in the given circumstances, prima facie, it appears that the writ petition filed before this Court is an afterthought, just to hamper the investigation, which has been conducted by the Punjab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion under Article 226 of the Constitution or inherent powers under Section 482 CrPC, can entrust these matters for a fresh or re-investigation to CBI or any other agency. These petitions are resultantly dismissed and the interim orders staying the trial Court proceedings are vacated and the Special Courts are directed to proceed with the cases in accordance with law subject to the effect of directions issued hereinafter. (170) It goes without saying that the observations made hereinabove are only with reference to the question whether the cases deserve to be re-investigated by any other agency and the same shall not be taken as an expression of views on the merits of the allegations or counter-allegations which shall be independently determined by the Special Courts, in accordance with law and uninfluenced of these observations. (171) Having held that, we cannot refrain ourselves from observing that though the petitioners have failed to make out a case for fresh or re-investigation by an independent agency, nonetheless it stands fairly exposed that - (i) The investigation carried out by the Punjab Police lacks scientific methodology or modern techniques necessary to nail the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingh, IGP-cum-Director, State Narcotic Bureau; (ii) Smt. V.Neeraja, IPS, IGP-cum-Director, Vigilance Bureau, Punjab; (iii) Shri G. Nageswara Rao, IPS, IGP Crime. The team shall re-visit the issues illustratively pointed out in para-171 of this order and take the necessary remedial steps. (174) The District Police or the Investigating Officers related to the NDPS cases which are the subject-matter of these proceedings, are directed to produce complete records before the aforesaid team, which shall then identify the missing links, lack of proof or the evidence which could be credible but has not been collected or made part of the record for some obvious reasons. If the Supervisory Team finds any material which may assist the Special Courts to arrive at a just decision, the Supervisory Team, shall be at liberty to submit supplementary reports positively by 31st December, 2015. In this process of re-examination, reconsideration or further investigation, if the Supervisory Team is fully satisfied that not even a prima facie case is made out against any of the suspects against whom charge-sheet has since been submitted, it shall be free to give such opinion in the supplementary repor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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