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2015 (11) TMI 690
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....gh 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 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. ....
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....rines and its salts; and (ii) Pseudoephedrine and its salts (P5 colly). (7) 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 Excis....
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....her. 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 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 Stati....
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.... motu proceedings initiated in public interest (CWP No.20359-2013) vide order dated 11.12.2013 had 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 witho....
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....sh Singh @ Bhola on 08.03.2013 and 10 kg intoxicant powder along with packing and sealing material as well 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....
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....re 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 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 misus....
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....counsel and friends. Further, the petitioner was medically examined from time to time during his remand period, reports whereof 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 dir....
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....avinder 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 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. (3....
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....Deputy Superintendent of Police, Patiala. It is maintained that on 03.03.2013, the police of Fatehgarh police busted a big international drug smuggling racket 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,....
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....he reached Canada including Canadian Embassy as to how he and his friend (petitioner) were threatened by the SSP to make confession(s) otherwise their families would 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 ....
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....ion for the 'return' of his Qualis car bearing 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 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 Toyo....
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.... Davinder Singh @ Happy who is a close associate (driver) of Jagdish @ Bhola. FIR No.69 dated 16.04.2013 was thus registered at Police Station Fatehgarh Sahib under various provisions of NDPS Act and IPC. 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....
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....ready 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 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 t....
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....tween 10.15/10.30 am to tell him that the Fatehgarh Sahib police had raided their house. On hearing so, he went home and found that there were 3 Innova vehicles in which 10-12 police personnel including DSP Arashdeep Singh and Inspector 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....
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.... 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 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 effecte....
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....2013 itself, petitioner's friend Deep Singh @ Deepu is also said to have been arrested by the Punjab Police along with Scorpio vehicle in FIR No.56 dated 15.05.2013. It is also alleged 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 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 f....
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....amed accused fired on the police party but fortunately missed. The accused's statements led to the recovery of 1kg intoxicating powder, 56 gm heroin along with a digital weighing machine, one 9mm pistol, 5 cartridges, fake number plates and forged driving licences. During interrogation 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 bel....
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....nct 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 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....
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.... that the intoxicant powder contained Dextropropoxyphene. The affidavit further alleges that the petitioner used to take advantage of the VIP numbers of his vehicles which were often not being checked and he freely transported Pseudoephedrine and other drug material to various persons including 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 o....
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....ntion 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 02.11.2007 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 bri....
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....on this information, the police raided house No.984, Phase-10 Mohali of Jagdish Singh @ Bhola on 08.03.2013 and 10kg intoxicant powder along with packing and sealing material as well as 8,70,000 INR currency were recovered. Petitioner's son could 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 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 o....
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....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, Senior Advocate, Dr. Anmol Rattan Sidhu, Senior Advocate, Mr. VD Goyal & GS Nahel, Advocates, Mr. CS Bakshi, Advocate, Mr. Pardeep Virk, Advocate, Mr. 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 highlighte....
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....icit manufacture of ATS. Some consignments of green tea extracts containing 'ephedra vulgaris' were seized and detained 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 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....
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....ment Laboratory, Kandaghat and those reports are found satisfactory; (xi) The finished goods were sold to various firms and all the invoices along with transport GR & Sales Tax Form-26 were filed with the Excise and Taxation Department of Himachal Pradesh; (xii) The Superintendent of Police, District Baddi vide communication dated 09.03.2015 has informed the petitioner that no official 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 c....
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....skepticism; (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 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 dec....
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....cement Directorate and the Prescribed Authority under the Prevention of Money Laundering Act, 2002 are Central Government agencies who have independently considered the amassing of illicit assets by the petitioners and most of their properties were attached/seized as these were purchased/created by the proceeds of crime. The Provisional Attachment Order No.1/2014 dated 06.01.2014 passed by the Directorate of Enforcement in the case of Anoop 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 Smartmin....
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....¢ 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 to have sent yet another report pertaining to a case which "involved 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 arr....
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.... and did not spare its own officials like SI Sarabjit Singh; (xvii) The political bigwigs like Bittu Aulakh who have been enjoying political patronage of the Ruling party have also not been favoured; (xviii) The petitioners are at best claiming themselves to be innocent but such a plea can be taken only before the Special Court where charge-sheets were filed and 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 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 ....
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....n 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 been examined though the trial court was permitted to alter the charge(s). (125) In Rubabbuddin Sheikh vs. State of Gujarat & Ors., (2010) 2 SCC 200, the case of Sohrabuddin fake encounter was transferred to CBI at a stage when State police had completed investigation and 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, r....
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....r. (132) Rameshchandra Nandlal Parikh v. State of Gujarat, 2006(1) SCC 732 has been cited to point out that if during the investigation independent and distinct offences have been committed 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 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 ....
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....hout 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 against the local police. Since the power flows from extraordinary jurisdiction conferred under Article 226, it has to be exercised sparingly, cautiously and only in exceptional circumstances with the avowed object to restore credibility and instill confidence in the ongoing investigation. (137) The fair, honest, scientific and unprejudiced investigation is surely an axiom of the right to live with dignity. 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 Hig....
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.... Similarly, 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 drug traffickeers. There is some merit in the respondents' contention that the petitioner 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 dis....
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....gations for the purpose of whether it would be justified to entrust the investigation to an independent agency like CBI, it has also to be kept in view that the petitioner's allegations have already been reexamined by a team of two officers who are in the rank of Inspector General of Police and DIG including Mr. Ishwar Singh, IPS, Inspector General of Police who is the head of Narcotic Wing of Punjab 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 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 ....
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....s 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 psychotropic substance, such violator is also liable to be punished under Section 22 in the same manner as provided in Section 21 of the Act. (150) The contravention of Section 9A is also an offence under the Act for which rigorous imprisonment for a term upto 10 years with fine 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....
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....m-A issued by the Zonal Director of Narcotics Control Bureau". Sub- Clause (5) of Clause 4 further provides that "every person who has been registered under sub-clause (1) shall maintain daily accounts in Form C or Form D, as the case may be and 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 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 tha....
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....ding 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 into the hands of underworld - are all questions of facts which can only be adjudicated by a Judicial Court on consideration of the prosecution and defence evidence. It will be against all the canons of criminal jurisprudence to entrust such power to an investigating agency whether controlled by State or Central Government. (163) Similarly, the over-all impact of the allegations made by Jagjit Singh Chahal re. (a) the place and manner of his arrest; (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 Privat....
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....mstances where this Court must intervene and do complete justice, we are satisfied that the appropriate recourse 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 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 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 ....