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Jagjit Singh Chahal, Manpreet Singh @ Mani Gill, Inderjit Singh, Sarabjit Singh, Baljit Singh, Satinder Dhama, Maninder Singh @ Bittu and Balchhinder Singh Versus State of Punjab & Ors.

2015 (11) TMI 690 - PUNJAB AND HARYANA HIGH COURT

Application for transfer of case - Offense of preparation of intoxicating drugs - Offence under NDPS - Appllants pleads that they are made accused by false implications - Jurisdiction of Punjab Police - Held that:- The power to transfer or entrust the investigation of a case to an agency like Central Bureau of Investigation without the consent of State Government indubitably vests in the High Court. Nonetheless, one cannot invoke that power as a matter of right or by mere levelling allegations a .....

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werful 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 .....

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friend Ravinder Grewal @ Robin; and (e) the reports of Truth Labs etc. etc. to substantiate his allegations. The veracity of these allegations or counter- allegations can be determined only by the Special Court after the evidence is led by the parties. The investigating agency whosoever may be has got no jurisdiction to pronounce a verdict on the guilt or innocence of the petitioner. The Enforcement Directorate has declared the said amount of ₹ 1 crore as an illicit income and the matter i .....

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he 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. - The plea taken by the manufacturers/proprietors of pharmaceutical units that the alleged violation of the terms and conditions of their licences would not clothe the police to slap a case under the .....

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. - The very genesis of these drug scam cases lies in the police version that the proprietors or managers of the pharmaceutical units are involved in the illicit sale of their stocks of controlled substances like Ephedrine or Pseudoephedrine which have been supplied to them at concessional rates for manufacturing drugs but have been siphoned to the drug mafia for a hefty price. Both the controlled substances are stated to be the major constituents for manufacturing Methamphetamine (ICE).

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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 Police.” - So far as the common grounds taken by most of the petitioners are concerned, it may be seen that they have attempted to cause a dent and create doubt in the prosecution’s theory. They have made whole-hearted attempts to falsify the manner in which illicit .....

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to appreciate the merits of their evidence and proof of varied nature and discharge them from the criminal proceedings. - filing of charge-sheet under Section 173 CrPC or framing of charges alone will not divest a Constitutional Court from directing re-investigation by another agency. This Court, however, cannot overlook the fact that on completion of investigation, the police has already submitted charge-sheets in all the cases subject to any supplementary report which may be submitted under Se .....

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t to be invoked after filing of the chargesheet by the local police.

Even as a cumulative effect of all the contentions raised on their behalf, the petitioners have failed to make out a case within those exceptional circumstances where this Court either, in exercise of its writ jurisdiction 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 resultantl .....

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ith specialized trainings ought to have taken the call as soon as the first case was detected. There could be better coordination not only between intra-district police but with the agencies of neighbouring States as well. Since the cases in hand have been given so much publicity as if illicit drugs would never surface in the State of Punjab, it is the duty of Police administration to ensure that every case is taken to its logical conclusion. Society has a fundamental human right to live free fr .....

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y) can be dropped, we direct the State of Punjab, in the interest of complete justice, to constitute a Supervisory Team comprising the three IPS Officers who shall within three days of the receipt of copy of this order take stock of the situation and examine the charge-sheets already filed in each of the subject FIRs - Appeal disposed of. - CWP No.88 of 2014 (O&M), CRM-M-17238-2014 (O&M), CRM-M-12029-2013 (O&M), CRM-M-43597-2013 (O&M). CRM-M-2915-2014 (O&M), CRM-M-29757-2013 (O&M), CRM-M-17971-2 .....

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Mr. Vaibhav Sharma, DAG Punjab for the respondent JUDGEMENT SURYA KANT, J. (1) By this common order, we propose to dispose of the captioned cases. Though the allegations and facts averred in each case differ 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 A .....

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2 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. (1) CWP No.88 of 2014 (Jagjit Singh Chahal v. State of Punjab) (2) The petitioner seeks entru .....

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the ongoing investigation by a Special Investigation Team (SIT) under the supervision of the Senior Superintendent of Police, Patiala is intended to merely sensationalize the issue rather than reaching the truth through a free, fair, impartial and unprejudiced investigation. (4) The petitioner is an entrepreneur who claims that his commercial success has become an eye-sore for many vested interests. He was previously running a Transport Company in Amritsar but on account of serious disputes wit .....

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e franchise with his brother in 2007. They also set up the following two pharmaceutical units for manufacturing medicines in the State of Himachal Pradesh:- (i) M/s Montek Bio Pharma, Plot No.45, Himuda Industrial Area, Bhatolikalan, Baddi, District Solan (HP) (in the capacity of partner); (ii) M/s MBP Pharmaceuticals P.Ltd. K.No.139/2, Village Jodhapur Barotiwala, District Solan (HP) (in the capacity of Director) (6) Both these units have been granted licences by the State Drugs Controller Hima .....

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13 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. .....

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milarly, the requisite permission from other concerned authorities have also been obtained. (9) Coming to the point of his involvement in the FIR in question, the petitioner has given a very detailed account of his alleged blatantly illegal arrest, as well as his false implication in the NDPS case in total disregard of the mandatory procedures and/or without any authority of law. To put it succinctly, the case of the petitioner is that the police officials from Amritsar, headed by Balkar Singh D .....

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thout any search warrant or authorization. The petitioner and his father were both taken to Police Station Sadar Rajpura and from there to CIA Staff, Patiala in the morning. The petitioner was then taken to Police Station, Banur where the SHO carried out certain proceedings and apparently arrested him at about 3.45 in the afternoon. His father was let off in the late evening of 14.11.2013 after being kept in illegal detention for about 24 hours. The petitioner s police remand was from 14.11.2013 .....

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d Jagdish Singh @ Bhola and Sarabjit Sabha who too were finally arrested on 11.11.2013. During the interrogation of Jagdish Singh @ Bhola, he disclosed that he got ICE, Pseudoephedrine and Ephedrine from Jagjit Singh and Paramjit Singh, both sons of Dr. Manmohan Singh, namely, the petitioner and his brother. According to the remand application (P47), the petitioner was arrested on 14.11.2013. The allegation is that the petitioner along with his brother Paramjit Singh and their colleagues at the .....

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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 Sta .....

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including luxury cars as well as a Mahindra Bolero bearing registration No.PB-02-BL- 1000, have been misused in effecting the alleged recovery in the same FIR on 14.12.2013. The vehicle was meanwhile being misused by the police as is evident from the videography and photographs (P55 colly). (14) The petitioner in para 2.36 has also referred to the proceedings initiated by this Court suo motu in public interest to effectively address the menace of narco terrorism in Punjab. (15) The petitioner t .....

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re and arrest in public place, Section 44 power of entry, search, seizure and arrest in offences relating to coco plant, opium poppy and cannabis plants and Sections 49, 50, 51, 52, 55, 57 & 58 etc. (16) The petitioner further contends that the only competent authority to take action in respect of violation of conditions of licences is the Licensing Authority, namely, the Drug Authorities of Himachal Pradesh and the action taken by the Punjab Police was completely extra-constitutional. (17) .....

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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 sec .....

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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 2013 (R-6) raising a similar issue but that writ petition was withdrawn. It is thus averred in the affidavit that the investigation in re: the menace of narco invasion in the State is being monitored by this Court under its PIL jurisdiction. The affidavit claims that the concerted efforts made by the Punjab Police in .....

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State Police has seized the precursor chemicals like Ephedrine and Pseudoephedrine, used to manufacture methamphetamine. These precursor chemicals and synthetic drugs were never seized before 2012-13. (20) From Para 10.1 onwards the affidavit unveils the busting of a large scale drug smuggling racket. It is claimed that on 03.03.2013 Anoop Singh Kahlon (NRI) and his associate Kulwinder Singh were arrested while travelling in an Innova car in which they were carrying 540 gms of heroin, ₹ 1 .....

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packing material to evade detection by sniffer dogs and x-rays during air cargo and shipment checking for smuggling drugs in the international market, especially to Canada, was also recovered from his house. During further interrogation, these accused revealed names of various other persons who were actively involved in the drug racketing. It emerged that Jagdish Singh @ Bhola s/o Balchinder Singh is the kingpin of this drug racket. (21) The police reached the house of Jagdish Singh @ Bhola on 0 .....

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, 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, Jagdi .....

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orts of various persons, and 10 strips of Visa stickers were also recovered from Jagdish Bhola. (24) The petitioner s name had meanwhile surfaced in the statement of one Tejinder Kumar s/o Vijay Kumar recorded on 03.11.2013 u/s 161 CrPC who stated that the petitioner was also a member of the gang. When Jagdish Bhola and Sarabjit Singh @ Sabha were confronted with the statement of Tejinder Kumar dated 03.11.2013, they too disclosed that Pseudoephedrine and Ephedrine were being supplied to them by .....

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hen the petitioner was taken on remand upto 19.11.2013, he made a statement re. concealment of Pseudoephedrine and MM (ICE) in his Honda Accord car which was parked in the Chahal Retreat Factory. Search warrants were also obtained to effect search in both the industrial units. The police version further claims that the petitioner gave information that led to the recovery of 2kg of Pseudoephedrine and 250 gm of MM (ICE) on 14.11.2013 from the dicky of his Honda car which was also taken into posse .....

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0001 parked at the factory. Another 110 kg intoxicant powder mixture and 225kg Pseudoephedrine and 75 kg Ephedrine and 125 kg MM (ICE) was also effected from the factory premises. 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 t .....

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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 Pseudoephedrine from the medicinal purpose for which licences were granted to the petitioner for the manufacturing of metham .....

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.2014 shows the presence of Metformine Hydrochloride and Pseudoephedrine Hydrochloride together in parcels No.3,4,5,6,7,8&9 even though this combination is not used in preparation of any medicine by the concerned pharmaceutical unit . It is also averred that there are discrepancies between the labeling of the boxes kept in the pharmaceutical unit and the actual content of the boxes which have been proved by the chemical report. The presence of methamphetamine (ICE) in parcel no.35 ha been co .....

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inary submission, the petitioner was arrested on 13.11.2013 at about 10.0 pm and produced before the Ld.Magistrate on 14.11.2013. Due to a clerical mistake, the date of arrest shown in the remand application was inadvertently mentioned as 14.11.2013. Even the Daily Diary Report (DDR) of PS Banur clearly shows the arrival of the investigating officer at the police station on 14.11.2013 after effecting the arrest of the petitioner from Amritsar. (28) The other allegations leveled by the petitioner .....

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tered 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 Punja .....

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of Canada. As per the allegations contained in the FIR, Punjab police officials were present on 08.03.2013 at Bridge Canal Focal Point near Super Milk Factory, Ajnali in the area of police station Gobindgarh in connection with the apprehension of drug smugglers. At about 11.30 am, the petitioner along with his coaccused Gabbar Singh was seen coming in a white colour Ford Endeavor car bearing No.PB-10-CL-0014 which was stopped on suspicion and on a search 2kg heroin, 20kg intoxicant powder and R .....

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rosswind Apartment, Shaheed Bhagat Singh Nagar, Ludhiana on the night of 02.03.2013 and threatened his family a false drug case against them if they did not pay up ₹ 50 lacs. The call records of mobile Nos. of Inspectors Ramandeep Singh, Avtar Singh and Sukhvir Singh (P3 to P5) are relied upon to prove that they were present in the area where the petitioner resides in Ludhiana as opposed to near Gobindgarh Town of District Ludhiana where petitioner is alleged to have been intercepted. (34. .....

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ector Ramanpreet Singh and some other police officials themselves went to drop Ravinder Grewal @ Robin to Delhi Airport and threatened him to remain silent. The call details of mobile phones of Inspector Ramanpreet and Ravinder Grewal @ Robin (P6 to P9) are appended to substantiate the claim. (34.3) The petitioner also claimed to have got sting operation 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 .....

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itioner 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 la .....

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the afternoon and this fact can be well established from the call details of their mobile nos. (P15 & P16). It is claimed that instead of releasing the petitioner on receipt of Rs. 1 crore as per the agreed terms, the police officials again started demanding ₹ 50 lacs more and when the petitioner proclaimed his inability that the bribe money of ₹ 1 crore was shown to have been recovered from the petitioner and his co-accused. (34.7) The petitioner was allegedly involved in two m .....

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th the telephonic conversation held between the Investigating Officers (Dalbir Singh Grewal and brother in law (Bobby Basra from Canada) (P22 & P23) which has been certified to be genuine and authentic by Truth Labs (P24) leaves no doubt re: the false implication of the petitioner. (36) The petitioner made a representation to various dignitaries and his ordeal was highlighted by the print media as well. The call records referred to above have since been ordered to be preserved on the petitio .....

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ey 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 pow .....

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, 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 also surfaced. (40) The reply/affidavit refutes the petitioner s allegation that he was illegally arrested on the night of 2nd March, 2013. It is claimed that the petitioner was arrested on 08.03.2013 and was produced before the Court on a number of occasions and on each occasion he was medically examined in the Civil Hospital, Fatehgarh .....

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harges and the case had been fixed for prosecution evidence since 31.05.2014. (41) The story regarding taking of ₹ 1 crore from the petitioner and still planting a criminal case against him has been refuted, it being baseless. (42) As regards the petitioner s prayer for transferring the investigation to CBI, it is pointed out that earlier CWP No.9336 of 2014 was filed for quashing of the subject FIR. The said writ petition was disposed of by this Court on 02.07.2014 with a direction to the .....

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eply/affidavit by the State, the petitioner moved Criminal Misc. No.12943 of 2015 to place on record certain documents. The said application not only seeks to produce additional documents, it also gives a more elaborate version of the facts already pleaded by the petitioner. In addition, it is stated that Ravinder Grewal @ Robin sent representations (P43 colly) to various authorities after he reached Canada including Canadian Embassy as to how he and his friend (petitioner) were threatened by th .....

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ographs 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 t .....

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ue by Truth Labs (P61). (47) Anoop Singh Kahlon is also said to have sent a signed statement from Nabha jail (P62) suggesting the petitioner s false implication. The representations made by the petitioner s wife to various authorities have also been appended. (48) Ms. Harleen, a Consular in Canadian Embassy at Chandigarh was allegedly not allowed to meet the petitioner in jail on 18.04.2013 but the petitioner s wife met him and found several injury marks and abrasions on his body. This issue and .....

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le in the FIR the vehicle shown is an Endeavor but in the application seeking petitioner s bail remand, Innova car has been shown. The doctor who examined the petitioner periodically was allegedly in cahoots with the police officers and thus submitted false medical reports. The Punjab Human Rights Commission also took cognizance of the torture inflicted on the petitioner vide its order dated 27.11.2013 (P69). (51) Lastly, the petitioner has relied upon a certificate dated 11.09.2014 of the Consu .....

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ing PB- 05K-7070 as well as an enquiry by this Court in the entire incident so that the persons found involved are punished in accordance with law. (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 c .....

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nd 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 petitioner s brother who lives in Naya Gaon (near Chandigarh) and has no share in the petitioner s property. The petitioner resides with his wife, parents and his son. .....

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n currency were recovered from Anoop Singh Kahlon and his associate followed by further recoveries of heroin etc. as per their disclosure statements. During their interrogation, the two accused revealed the name of Jagdish Singh @ Bhola as the real kingpin. Thereafter, a raid was conducted at Jagdish s residence on 08.03.2013 and 10kg heroin besides some cash etc. were recovered. However, Jagdish Singh @ Bhola could not be arrested. The police received certain secret information that Jagdish Sin .....

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IR No.45 dated 03.03.2013. (57) The petitioner herein is the real brother of SI Sarabjit Singh. (58) It has been denied that the police authorities confiscated Toyota Qualis car bearing registration PB-05K-7070 or that any vehicle was taken into possession. It has also been denied that the signatures of mother of the petitioner were obtained on blank papers. (59) The police version is that on 16.04.2013, Inspector Davinder Kumar Attri and his team intercepted Toyota Qualis PB-05K-7070 and recove .....

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davit 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 f .....

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s respondent No.2. In the second petition (CRM-M-43597-2013) though the allegations are reiterated but Sh. Malooka is not a party respondent. Since the facts of both the FIRs are overlapping, a brief reference is being made from the first petition (CRM-M-43597-2013). (61) The petitioner has alleged that while he was posted as SHO, Police Station Dialpur, District Bathinda in the year 2006, he had displeased Sh. Sikander Singh Malooka who was then the District Jathedar of Akali Dal (Badal) and wa .....

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amily members to watch a movie. The police party also raided the house of petitioner s brother Inderjit Singh on 06.04.2013 and stopped him from harvesting the land measuring 100 acre in village Mehta, District Barnala. His brother s 35 cattle were let off and the Toyota Qualis vehicle No.PB-05K-7070 was also taken away. (62) The petitioner s brother Inderjit Singh approached this Court (in CRM-M-12029-2013) on 09.04.2013 alleging that his vehicle was illegally taken away by the police and this .....

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e the petitioner in false and frivolous cases. In sum and substance, the petitioner claims that his brother had already disclosed in this Court on 09.04.2013 that the above named Qualis vehicle had been forcibly taken away by the police hence the story cooked up regarding the recovery of an alleged contraband from that vehicle 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 .....

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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 allegatio .....

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has interfered in the same . As regards the alleged incident of use of red-light, it is explained that the Driver of the deponent was challaned by one ASI Mukhtiar Singh for using redlight but that allegation was totally false and the driver was acquitted by the Judicial Magistrate First Class, Phul. (6) CRM-M-29757-2013 (Baljit Singh vs. State of Punjab) (67) This petition u/s 482 CrPC also seeks entrustment of the case FIR No.69 dated 16.04.2013 registered at Police Station Fatehgarh Sahib u/s .....

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ing driven by Davinder Singh @ Happy was stopped and 8.50 kg of intoxicant powder was recovered from him besides a fake driving licence. The instant petition is in fact an offshoot of CRM-M-12029-2011 (Inderjit Singh vs. State of Punjab) in which it is alleged that the Qualis vehicle No. PB-05K-7070 was forcibly taken away by the police from his residence in village Mehta, District Barnala on 06.04.2013. The petitioner s case is that he is a driver in the Electricity Board and on 06.04.2013 he w .....

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he 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 pet .....

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ehicle No.PB-05K-7070 on 16.04.2013. The petitioner alleges that it is a clear case of false implication and misuse of power of police hence the matter requires independent investigation. (7) CRM-M-17971-2014 (Satinder Dhama v. State of Punjab) AND (8) CRM-M-26436-2014 (Satinder Dhama @ Satender vs. State of Punjab) (70) These two petitions are by Satinder Dhama r/o 1669, Sector 15 Panchkula who is presently lodged in Central Jail, Patiala. Vide the first petition, he seeks an independent probe, .....

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lice Station Civil Lines, Patiala. In the second petition (CRM-M- 26436-2014), a similar prayer in respect of FIR No.56 dated 15.05.2013 only has been made. Since the first petition (CRM-M- 17971-2014) contains comprehensive pleadings, the facts are being extracted therefrom. (71) In para 3 to 6 of the petition, the petitioner has referred to registration of cases against SI Sarabjit Singh, his brother Inderjit Singh and the petitions filed by them in this Court, especially by Inderjit Singh reg .....

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if the petitioner was not handed over. The brother of the petitioner, Sanjeev Dhama, and his father, R.R. Dhama, were present in the house. (73) Sanjeev Dhama - the brother of the petitioner is a CBI official and his senior(s) in the CBI talked to the Punjab Police team due to which the family was saved. (74) Inspector Ramandeep Singh of Punjab Police called Sanjeev Dhama - brother of the petitioner on his mobile on 30.03.2013 and asked him to produce the petitioner. Thereafter a police party le .....

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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 .....

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pector Ramandeep Singh and taken to Police Station Banur in Ramandeep Singh s Scorpio. Petitioner s Verna car was also taken to Police Station Banur. The petitioner was then shown to be arrested in FIR No.56 dated 15.05.2013 and some recoveries have been effected from his car when it was stopped at a Naka in Banur. (77) The petitioner s father made efforts (including by way of a petition in this Court) to secure CCTV footage of the area of the Hotel in Sector 35, Chandigarh from where the petiti .....

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named car. It was the petitioner s brother Vijay Dhama who then handed over the vehicle to the Punjab Police officials, namely, Inspector Mohinder Singh as Des Raj, sensing some mala fide intention did not accompany his brother. The Punjab Police team allegedly rebuked the petitioner s brother for not bringing Des Raj as they wanted to arrest him as well. The vehicle was retained by the Punjab Police but finally the petitioner s brother was allowed to go after the intervention of the Police Sta .....

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leged that the Punjab Police team visited the petitioner s residence at Panchkula on 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 .....

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e 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 which firstly the account of purportedly busting the international drug smuggling racket on 03.03.2013 with the arrest of Anoop Singh Kahlon (Canadian citizen) and his associate Kulwinder Singh is stated. As regards .....

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esented in the Court of Special Judge, Fatehgarh Sahib. (84) The reply/affidavit further discloses that on 15.05.2013 some secret information was received against the petitioner, Baljinder @ Sonu and their gang members as they were moving in a stolen car with a fake registration number. The informer divulged that they habitually carried Pseudoephedrine and other intoxicating materials. The petitioner along with Baljinder @ Sonu was apprehended when they were coming from the Amritsar side and goi .....

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ioner is actively involved. He supplies heroin, smack, opium and other kinds of intoxicating substances to the students of Universities in Patiala and Chandigarh as well as other places. As regards FIR No.292 dated 26.10.2013, it is averred that Inspector Jatinder Pal Singh, SHO PS Civil Lines Patiala apprehended Palwinder Singh @ Pinda and Satnam Kaur who were traveling in car No.PB-65-T-9132. The above named accused fired on the police party but fortunately missed. The accused s statements led .....

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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 Procedu .....

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ts in Shiromani Akali Dal Party and was also elected as Member of Parliament in the year 2002. His son Boney Ajnala was elected as MLA and became Chief Parliamentary Secretary in the year 2012. The supporters of Shiromani Akali Dal (Badal) allegedly got divided in two groups in the matter of election of Ajnala Cooperative Sugar Mill held in November, 2013 as the young brigade wanted and succeeded in ousting Ajnala supporters. It is claimed that due to political friction between the two groups, D .....

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ccused had revealed on 13.11.2013 the involvement of several persons including petitioner. In his statement the co-accused is said to have disclosed that the petitioner used to provide assistance to Jagjit Singh @ Sonu Chahal and Paramjit Singh Chahal in perpetuating their illegal business. The police gave clean chit to 7 persons who were also named by that co-accused but with mala fide intention implicated the petitioner as he is perceived to be the most trusted aide of Dr. Ajnala. As per the s .....

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t offence for which a separate FIR ought to have been registered. (89) The petitioner relies upon the call details of mobile phones of ASI Inderjit Singh and Head Constable Amarjit Singh, who are the recovery witnesses, to urge that they were not present at the time of the purported 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 .....

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13 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 and rejected his requ .....

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earing CRM-M-10857-2014. The reply/affidavit firstly gives brief details as to how the racket was busted on 03.03.2013 and the accused found to be actively involved in one or the other form were nabbed. As regards the petitioner, it is claimed that Inspector Davinder Kumar along with the police party was present on 14.11.2013 in connection with the investigation of case FIR No.45 dated 03.03.2013 when he received a call from SSP, Patiala that the petitioner was present near Gagan Chowk, Rajpura. .....

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o.PB-02-BN-0002 were also being used for the transportation and supply of drugs. These vehicles were taken into possession by the police and during the course of investigation, it has been found that these vehicles were purchased from the drug money. (93) Further, the petitioner made a disclosure statement on 22.11.2013 during police custody on the basis of which 1kg Pseudoephedrine was recovered in the area near SYL canal on Sirhind-Landran road, District Fatehgarh and 500gm intoxicant powder f .....

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njab & 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 .....

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t Ministers in the Punjab Government are alleged to be directly involved in the drug scam and the Deputy Chief Minister Punjab is keen on saving them. A further direction to restrain respondent No.5 - Senior Superintendent of Police, Patiala from carrying out further investigation in the above-mentioned cases, is also sought. It is also claimed that the petitioner s son while in custody of CIA staff named three Cabinet Ministers of Punjab but respondent No.5 and other Police authorities tortured .....

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ian Games also, he held second position. Thus petitioner s son has been a distinguished sportsperson. (96) The petitioner alleges that Parminder Singh Cheema, a DSP in Punjab police was also a Gold Medalist in wrestling but he having been defeated by the petitioner s son, hatched a conspiracy to involve Jagdish Singh @ Bhola in false cases under the NDPS Act. Three FIRs were registered on the same day i.e. FIR No.7,8&9 dated 16.01.2002 at PS Phool and PS Rampura in District Bathinda u/s 15 o .....

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uple of years with a view to escape legal consequences. (97) The petitioner alleges that undeterred by their prosecution ordered by the Special Judge in NDPS case, a detention order was passed against his son on 24.10.2005 u/s 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1985. That order was quashed by this Court on 21.05.2007 in Crl.Writ Petition No.1173 of 2006 (P6). (98) Soon thereafter Jagdish Singh @ Bhola was implicated in FIR No.216 dated 02 .....

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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 .....

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t case also no recovery has been effected from him. Neither Jagdish Singh @ Bhola is named in the FIR nor any other accused has named him. He has still been embroiled on the hearsay statement of a person who is not even made a co-accused. Likewise FIR No.50 dated 03.04.2013 has been registered against the petitioner s son at Police Station Urban Estate Patiala u/s 18/21/22 of NDPS Act and Section 25 of the Arms Act. (101) The petitioner thus alleges that the very modus operandi of Punjab Police .....

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. However, the present day Government wants to save its Minister, therefore, there is no possibility of any fair or impartial investigation. (103) The State of Punjab has opposed the petitioner s prayer through the reply/affidavit dated 12.09.2014 filed by Deputy Superintendent of Police, Rajpura, District Patiala. It is claimed that Anoop Singh Kahlon (a Canadian citizen) and his associate Kulwinder Singh were arrested on 03.03.2013 and a huge quantity of contraband was recovered from them besi .....

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ld not be arrested as he had gone underground. He was declared proclaimed 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 regis .....

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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, 467 468 471 IPC, PS Fatehgarh Sahib; (x) FIR No.56 dated 15.05.2013 u/s 21/22/61/85 of NDPS Act, 379, 411 IPC, 25 of Arms Act, PS Banur, District Patiala; (xi) FIR No.50 of 2013 u/s 21,22/61/85 of NDPS Act, 25 of Arms Act, PS Urban Estate, Pa .....

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g with documents (R1 to R15). It is pointed out this Court has initiated suo motu proceedings in public interest by way of CWP No.20359 of 2013 pursuant to an application moved by Sh. Shashi Kant, Ex.DGP (Jails), Punjab in which one of the issues pertains to lack of coordination amongst various stakeholders CBI, Customs, DRI, NCB and Punjab Police etc. for controlling narco terrorism in the State. The Central Bureau of Investigation in its reply/affidavit filed in the PIL has, inter alia, averre .....

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led on behalf of the Narcotics Control Bureau, inter alia, points out the manpower crunch in that organization. The copies of above-stated replies have been brought on record to suggest that in the given circumstances, there is no need to transfer the investigation to any other agency as Punjab Police is doing its duty dispassionately and the investigation carried out by it is being monitored by this Court through various status reports in the pending PIL. (110) We have heard Mr. Vikram Chaudhri .....

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uge 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 highlight .....

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AT IS THE CHEMISTRY BEHIND NARCOTIC DRUGS? (112) The prosecution has projected that most of the petitioners constitute a ring of drug racketeers and each one of them has a role to play. The seeds of illicit drugs are said to be traceable in the premises of drugs manufacturers who have misused the licences obtained under Section 9-A of the NDPS Act notwithstanding the stringent conditions imposed on them. They have been allegedly siphoning the two well-known pre-cursors of Methamphetamine (ICE) i .....

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k money lures the drug manufacturers to violate the mandatory provisions of Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013. (114) The National Policy on Narcotic Drugs and Psychotropic Substances while explaining the illicit manufacturing of synthetic and semi-synthetic drugs, has also highlighted that a more recent phenomenon in India is the clan labs manufacturing amphetamines. While the number of amphetamine labs has been very small compared to ma .....

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d abroad as the regulations of European Union and some countries in South America do not permit use of ephedrea preparations in which small amount of ephedrine was found. These can be diverted from the licit trade and converted into amphetamines 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 P .....

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nd/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 petitioner s residence in Amritsar as may be seen in the CCTV came .....

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esh were not associated due to alleged paucity of time which is totally false as the search warrant was taken on 14.11.2013 whereas the search was conducted on 16.11.2013; (vii) the drug authorities have certified that the petitioner s unit had a valid licence and it could maintain unlimited stocks and if at all there was any violation of the conditions of licence, whether by diversion or defalcation, action could be taken by the licensing authority alone and not the Punjab Police; (viii) the so .....

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heir Tyre Factory. The Bolero vehicle was also taken away by a policeman on 14.11.2013 from his residence in Amritsar; (x) the petitioner has in his reply to the show cause notice issued by State Drug Controller, Himachal Pradesh fully explained the genuineness of the sale invoices with help of batch manufacturing record . The quarterly returns were timely filed. In November, 2013 samples were drawn and were sent for testing at Government Laboratory, Kandaghat and those reports are found satisfa .....

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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 .....

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ada and investigating Officer (Dalbir Singh Grewal) display the petitioner s false implication; (vii) the reports from Truth Labs on the genuineness of audio/video recordings made by the petitioner s family on different occasions are indeed decisive and ought to be probed by an independent agency; (viii) the accusation made by the petitioner s friend Ravinder Grewal @ Robin who is a Canadian citizen after he returned Canada, also corroborates the petitioner s version. OTHER COMMON GROUNDS TAKEN .....

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ed in or outside the factory premises have been planted. No search or seizure operation was carried out with advance intimation to the licensing authorities or the local police; (iii) The actual cause behind registration of these false cases is a pre-emptory step so that this Court may not in PIL jurisdiction hold the Punjab Police guilty of protecting the mighty and affluent politicians or bigwigs who are actually involved in the illicit drug trade; (iv) Political scores are being settled while .....

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(vi) The propaganda of fighting against narco-terrorism is a crude device to extract illicit income as innocent people are being implicated to coerce them to pay hefty bribes to police; (vii) The so-called disclosure statements of petitioners or their co-accused implicating each other have been devised forcibly through third degree treatment; (viii) A distinguished career as a sportsperson or in politics has also been an eye-sore for the disgruntled rivals who, due to their close proximity with .....

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rious 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 .....

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@ Bhola emerged out their kingpin who had a large network beyond the boundaries of Punjab State i.e. Goa, Delhi, Himachal Pradesh, Haryana etc. The petitioners are claimed to be the active members of such drug mafia. While some of them are involved in siphoning of the precursor to manufacture ICE, a few others are experts in such manufacturing. Their other gang members are the traders who operate through a well organized sector in which even police officers/officials are involved. (121) Reiterat .....

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emises or the vehicles of petitioners because the same were kept for ready-to-move purposes; (iii) The unprecedented rise in the immovable assets of petitioners or their family members without known or disclosed sources of income is a clincher to establish their complicity in drug trafficking; (iv) The assets of Jagjit Singh Chahal and his family are worth more than ₹ 72 crores while of Jagdish Singh @ Bhola and his family are over 18 crores. Similarly, Maninder Bittu and his family own pr .....

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oop 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 ₹ 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 e .....

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enral 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 informed the Drug Controller in Himachal Pradesh that 6 invoices pertaining to M/s Elixia Life Sciences, Coimbatore and M/s Orsim Pharma, Coimbatore were found to be not genuine; (viii) Further, the State Drugs Controller, Himachal Pradesh has as late as on 01.08.2015 informed the Senior Superintendent of .....

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013, 12.03.2013, 14.03.2013, 16.03.2013 and 18.03.2013, specifically reported that no injury mark, was found on his person at the time of such examination and these reports were duly produced before the Judicial Magistrate. All these medical reports are duly signed by the petitioner as well. (x) The Ministry of Home Affairs, Narcotics Control Bureau (Department of Internal Security), Govt. of India has verified and sent a report dated 12th/13th January, 2015 that Manpreet Singh @ Mani Gill was a .....

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n confirmed as suspects with linkages to this case. Manpreet Singh GILL (Alias Mani ) 1978 April 19 Deepinder Singh GILL (Alias Pindi ) 1980 December 05 Daljeet Singh Gill (Father of Manpreet and Deepinder) 1948 September 17 Anoop Singh KHALON The Gill family owns/controls the following two businesses in Canada which are believed to be used to transfer and launder proceeds of crime. (xii) Mr. Kelly F Brophy from Royal Canadian Mounted Police, Liaison Office from Canadian High Commission is said .....

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re 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 in .....

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arrest is indicative of a long history of criminal activity. A particular concern is the strong suspicion they are laundering the proceeds of their criminal activities through the Foreign Exchanges they control… ; (xiii) The Central Bureau of Investigation has in its reply/affidavit dated 27.01.2014 filed in PIL shown its reluctance to take over investigation of NDPS cases for want of technical know-how or expertise in dealing with the crime of Narcotics/drugs and recommended that the Na .....

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ice was proceeding properly; (xv) Manpreet Singh @ Mani Gill had earlier also approached this Court in CWP No.9336 of 2014 which was disposed of 02.07.2014 with a direction to the Narcotic Wing headed by Mr. Ishwar Singh, IPS Inspector General of Police to consider/determine all the points raised by the petitioner including serious and glaring allegations leveled against the police authorities . The Narcotics Wing of the Punjab Police in compliance of those directions considered the petitioner s .....

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charges have been framed and in some of the cases, a few prosecution witnesses have also been examined; (xix) It would not be expedient to direct fresh or 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 min .....

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stigation 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 even when most of his contentions have been rejected Hon ble the Himachal Pradesh High Court in CWP No.3496 of 2014 (MBP Pharmaceuticals P.Ltd. vs. State .....

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a party has levelled some allegation against the local police. The extraordinary powers must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. (123) Such power of a Constitutional Court where it is satisfied that the .....

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1994) 1 Suppl. SCC 143; and (ii) Kashmeri Devi vs. Delhi Administration & Anr., (1988) Suppl. SCC 482. (124) In Sasi Thomas vs. State & Ors. (2006) 12 SCC 421, it was held that the directions for further investigation even after commencement of the trial can be issued by the Supreme Court or High Court in case of complete failure of justice and the failure of investigating agency to perform its duty. On facts, no direction for further investigation was issued as 47 witnesses had already .....

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ess 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 t .....

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Some of the PWs examined who was relation of witness. (128) Some of the decisions cited on behalf of petitioners to strengthen their other contentions, include Babubhai Jamnadas Patel vs. State of Gujarat & Ors, (2009) 9 SCC 610 where the ongoing investigation was tardy and slow and the decision of the High Court to keep watch on the investigation to prevent miscarriage of justice and repeatedly intervene and pass orders to ensure that the investigation was conducted diligently was upheld. .....

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) Lalita Kumari v. Govt. of U.P. & Ors. (2014) 2 SCC 1, lays down that if the information discloses commission of a cognizable office, no preliminary enquiry is permissible and it is mandatory to register FIR in view of Section 154 of the Code of Criminal Procedure. It is only if the information so received does not disclose a cognizable offence that the necessity for an enquiry may arise and therefore the police officer cannot avoid his duty of registering offence if cognizable offence is d .....

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mmitted then every such incident would require a separate FIR. (133) Ms. Reeta Kohli, Addl. AG Punjab cited Jude Chidibere & Ors. vs. NCB, 2013(7) RCR (Crl.) 2881 to stress that where re-investigation was sought largely on the basis of affidavits containing statements, it was held that such affidavits cannot be taken into consideration to direct re-investigation as it will amount to not only taking the defence available to the petitioner into consideration at the threshold of trial but also .....

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gation to CBI in a case of financial scam alleging collection of ₹ 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 investigat .....

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tate of Odisha & Ors., (2014) 11 SCC 527 where the Supreme Court declined the prayer to transfer the investigation to CBI or any other specialized agency in a case registered under Section 302/449/450/120-B IPC laying down as follows:- 9. The position has also been succinctly summed up in Disha (supra) to which one of us (the learned Chief Justice) was a party by holding that transfer of the investigation to the Central Bureau of Investigation or any other specialised agency, notwithstanding .....

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vest in a Constitutional Court, should be exercised only in situations befitting, judged on the touchstone of high public interest and the need to maintain the Rule of Law. CONCLUSIONS: (136) We have carefully considered the rival submissions and gone through the case-laws cited from both sides. The power to transfer or entrust the investigation of a case to an agency like Central Bureau of Investigation without the consent of State Government indubitably vests in the High Court. Nonetheless, on .....

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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 investigatio .....

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cal 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 accused of falsely implicating one of them (Manpreet Singh @ Mani Gill) is statedly in the rank of Senior Superintendent of Police . He has neither been named nor impleaded as a party respondent. The other police officers facing accusations are one DSP, three Inspectors and some Sub Inspectors, who are incidentally po .....

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the petitioners are resourceful persons. Many of them are affluent entrepreneurs who have flourishing businesses, landed properties and hold different important positions. There is no established or believable history of past animosity between them and the police officials investigating these cases. (140) We hasten to add that one of the petitioners - Sub Inspector Sarabjit Singh has alleged bias against Sh. Sikander Singh Malooka, Education Minister, Punjab. The allegation is based upon a triv .....

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ly, Maninder @ Bittu Aulakh himself says that he is an ardent supporter of a seasoned politician of the Ruling party, namely, a former MP whose son is a sitting MLA. In a group rivalry as claimed by him, the axe should have fallen on the group leaders and not the supporters. Secondly, the petitioner has failed to point out even a single instance regarding who the person in power whom he annoyed was and what role was attributable to that person in carrying out State-wide operations against the dr .....

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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 Secti .....

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ffectively remedied through appropriate directions, if need be. (143) This would take us to the next question i.e. whether the petitioners have been implicated solely to coerce them to bribe the police authorities. Manpreet Singh @ Mani Gill has accused the police of his false implication as a quid pro quo to demand gratification of ₹ 50 lacs which was then increased to ₹ 1 crore. The said allegation has to be viewed in the light of the police version contained in the FIR that the am .....

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ubstantiate his allegations. The veracity of these allegations or counter- allegations can be determined only by the Special Court after the evidence is led by the parties. The investigating agency whosoever may be has got no jurisdiction to pronounce a verdict on the guilt or innocence of the petitioner. The Enforcement Directorate has declared the said amount of ₹ 1 crore as an illicit income and the matter is sub judice before the Special Judge, hence it is not expedient or desirable to .....

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b Police. (145) As regard to the second prayer made by Manpreet Singh @ Mani Gill, to release him on bail, we do not express any opinion in this petition, rather grant him liberty to firstly seek 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 t .....

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tail 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 drugs and psychotropic substances and to provide sufficiently deterrent penalties to meet the challenges of we .....

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he information. Section 2(viiia) defines illicit traffic in relation to narcotic drugs and psychotropic substances and the activities like production, manufacture, possession, sale, purchase, transportation etc. are included therein. The expressions narcotic drug , opium derivative and psychotropic substance [clause (xiv), (xvi) and (xxiii) of Section 2 respectively] have been defined exhaustively and any preparation containing more than 0.2% of morphine or diacetylmorphine also constitutes opiu .....

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e production or manufacture of any narcotic drug or psychotropic substance. Its sub-section (2) contemplates the grant of licence or permit for the afore-stated purposes of any controlled substance. Whoever in contravention of the provisions of the Act or the conditions of licence, carries out any such activity is liable to be punished under Section 21 with rigorous imprisonment which may go upto 20 years besides fine running into lacs of Rupees. If there is a contravention in relation to a psyc .....

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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 .....

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sychotropic substance or controlled substance, have been conferred on the authorized officer(s). Chapter VA of the Act prescribes the procedure to forfeit the properties derived from or used in illicit traffic by a person. (153) The Narcotic Drugs and Psychotropic Substances Rules, 1985 have been formulated in exercise of power under Section 9 of the Act. Rule 37 of these Rules prohibits the manufacturing of the drugs notified under sub-clause (b) of clause (xi) of Section 2 of the Act save in a .....

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-State, sell, purchase, consumption of any psychotropic substance specified in Schedule I unless a licence is obtained in accordance with Rule 65. No consignment of psychotropic substance can be transported, imported or exported inter-State unless such consignment is accompanied by a consignment note in the prescribed format (Rule 67). (154) The Central Government in exercise of powers conferred by Section 9A, has notified the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled .....

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nd the records of the daily accounts shall be preserved for a minimum period of five years from the date of last entry . (155) Every loss or disappearance of the controlled substance included in Schedule A is required to be immediately reported to the prescribed authority. As regards its transportation, Clause 7(1) of the 2013 Order says that no consignment of controlled substance in Schedule A shall be moved from one place to another place, within India, except when it is accompanied by a consi .....

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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, th .....

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othe the police to slap a case under the NDPS Act thus carries no weight and deserves to be rejected. (160) Similarly, the objection against the jurisdictional competence of Punjab Police in registering cases against proprietors of pharmaceutical units located in State of Himachal Pradesh prima facie cannot be entertained at this stage. If the trails of the crime originating from those units were traced out in the Punjab territory also, it would be totally farcical to contend that Punjab Police .....

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uents for manufacturing Methamphetamine (ICE). (162) Whether the proprietors of pharmaceutical units have violated the conditions of their licence, or whether they lawfully consumed the controlled substances supplied to them for manufacturing the drugs, or whether their stock registers or sale records including invoices etc. are genuine and valid, or whether such sales have been shown in favour of fake or non-existent entries and the controlled substances taken against their licences have gone i .....

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ether 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 Priv .....

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appears that the writ petition filed before this Court is an afterthought, just to hamper the investigation, which has been conducted by the Punjab Police. (165) So far as the common grounds taken by most of the petitioners are concerned, it may be seen that they have attempted to cause a dent and create doubt in the prosecution s theory. They have made whole-hearted attempts to falsify the manner in which illicit drugs are reported to have been recovered. We do not deem it necessary to express .....

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m from the criminal proceedings. We are afraid such an exercise certainly does not fall within the purview of the dictum in State of West Bengal (supra). (167) Likewise, the claim of Jagdish Singh @ Bhola that his distinguished career as a sportsman is the root cause of his false implication is actually his defence plea to be proved before the Special Court. (168) It is true that the filing of charge-sheet under Section 173 CrPC or framing of charges alone will not divest a Constitutional Court .....

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rse at this stage is to follow the dictum in (i) Disha and (ii) Sudipta Lenka cases (supra) and hold that the power to refer a case for further investigation to an independent agency like CBI, ought not to be invoked after filing of the chargesheet by the local police. (169) In view of the above discussion, it is held that even as a cumulative effect of all the contentions raised on their behalf, the petitioners have failed to make out a case within those exceptional circumstances where this Cou .....

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at 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 .....

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wise; (iv) There appears to be an indifferent and lackluster attitude on the part of senior police officers who might be comparatively well-versed with the science of narcotic drugs or psychotropic substances etc.; (v) There is an unexplained silence on the efforts, if any, made after the year 2013-14, to nab the organized drug traffickeers; (vi) No evaluation of legal, logical and long-lasting linkage between one case to another by way of credible or admissible evidence appears to have been mad .....

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well. Since the cases in hand have been given so much publicity as if illicit drugs would never surface in the State of Punjab, it is the duty of Police administration to ensure that every case is taken to its logical conclusion. Society has a fundamental human right to live free from drugs. The failure of the prosecution agency to lead credible evidence so as to bring the guilt home in every case would lead to most agonizing disappointment and frustrations in a peace loving citizen. The upper .....

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