IMPORTANT POINT
Prayer for CBI investigation – Power to transfer investigation is an extraordinary power – It is to be used very sparingly and in an exceptional circumstance where Court arrives at conclusion that there is no other option of securing a fair trial without intervention and investigation by CBI.

Headnote:
Criminal Procedure Code, 1973 – Section 173 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 22(b) – Seizure of Cocaine – Prayer for CBI investigation – Plea of false implication in drug offence – Though there is no inflexible guideline or a straitjacket formula laid down, power to transfer investigation is an extraordinary power – It is to be used very sparingly and in an exceptional circumstance where Court on appreciating facts and circumstance arrives at conclusion that there is no other option of securing a fair trial without intervention and investigation by CBI or such other specialized investigating agency which has expertise – There is no issue of public importance which requires to be unearthed by an investigation to be conducted by CBI – Charges have been framed and evidence is being tendered – When issue raised is only a matter of evidence to be considered in judicial proceedings to arrive at a conclusion, in a case of present nature, direction to CBI to hold investigation would not be justified nor is it required at this juncture when trial in judicial proceedings has progressed unhindered – If appellants bring out fact that appellant No.1 who was not involved, had been framed up and a case was foisted, appellants would still have legal remedy to take action for malicious prosecution, loss of reputation, action against involved persons, compensation and for such other relief in that regard – Appeals dismissed. (Paras 18, 19, 20, 22 and 23)
Facts of the case:
Facts leading to the above appeals are that appellant No.1 is accused of indulging in sale of psychotropic NDPS substance, due to which the prosecuting agency under respondent No.1 has registered the FIRs No.232/2020 and 255/2020 and are proceeding in the matter. Appellant No.1 claims to be innocent, while the appellant No.2 who is his father being agitated by such alleged illegal action by the prosecuting agency under the respondent No.1 had filed the online complaints dated 27.10.2020 and 06.11.2020 raising his concern and sought for action in that regard.
Findings of Court:
No reason to interfere with orders impugned in these appeals. The appeals are accordingly dismissed with no order as to costs.
Result : Appeals dismissed.

JUDGMENT :

A.S. Bopanna, J.

1. Leave granted.

2. The appellants, as also the respondents are common to these appeals and the subject matter relates to the same issue. Hence, they are taken up together and disposed of through the common judgment. The appeal arising out of SLP Criminal No.2454 of 2022 is filed assailing the order dated 10.01.2022 passed in WPCR No. 686 of 2020. In an appeal arising out of the SLP Criminal No.7306 of 2022, the order dated 15.09.2021 passed in Criminal Revision No.468 of 2021 is assailed. Both the said orders are passed by the High Court of Chhattisgarh, Bilaspur.

3. The said order dated 10.01.2022 is passed in Writ Petition filed under Article 226 wherein the appellant had prayed to direct for investigation under the supervision of the Court, by the Central Bureau of Investigation (for short, ‘CBI’) relating to (i) FIR No. 232/2020 registered at Azad Chowk Police Station, Raipur, (ii) FIR No.255/2020 registered at Kotwali Police Station, Raipur, (iii) Online complaint No. 3334104012000003 dated 27.10.2020 made before the Superintendent of Police, Raipur and (iv) Online complaint No. 24488049072000014 dated 06.11.2020 made before the Talcher Police Station, Angul, Odisha. The appellant had also prayed to quash the charge sheet in Special Case No.87/2020 and Special Case No.98/2020 filed by the respondent Azad Chowk Police, Raipur and Kotwali Police, Raipur filed pursuant to the said FIRs No.232/2020 and 255/2020, pending before the learned Special Judge under NDPS Act, Raipur. The further direction which was prayed is for the CBI to submit a periodical progress report of the investigation to the Court and to monitor the same.

4. In the connected appeal, the challenge is to the order dated 15.09.2021 whereby the Criminal Revision Petition filed by the appellant herein, before the High Court assailing the legality and correctness of the order dated 14.07.2021 passed by the Special Judge under NDPS Act at Raipur in Special Case No.98/2020 whereby the appellants application filed under Section 227 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) was dismissed and charges were framed against the appellant under Section 29 read with Sections 22(b), 22(c), 25 and 27 of the NDPS Act, which was not interfered by the High Court.

5. The brief facts leading to the above appeals are that the appellant No.1 is accused of indulging in sale of psychotropic NDPS substance, due to which the prosecuting agency under the respondent No.1 has registered the FIRs No.232/2020 and 255/2020 and are proceeding in the matter as noted above. The appellant No.1 claims to be innocent, while the appellant No.2 who is his father being agitated by such alleged illegal action by the prosecuting agency under the respondent No.1 had filed the online complaints dated 27.10.2020 and 06.11.2020 raising his concern and sought for action in that regard.

6. The appellants claim that they are residents of Mumbai and the appellant No.1 is a qualified automobile engineer, who is an income tax payee. The appellant No.2 is a businessman carrying on business of logistics, transportation, renting out vehicles etc. for the last 36 years in the name and style, M/s Buthello Travels at R/3, Mathur Estate, Premier Road, Kurla (W), Mumbai. The appellant No.1 was also taking care of the business of his father and as such was visiting the State of Odisha as also the State of Chhattisgarh in respect of contracts relating to the transportation of minerals. It is averred that appellant No.1 had accordingly travelled to Odisha and had booked room no.220 in Hotel Green Park, Talcher, District Angul, Odisha from 15.10.2020 to 20.10.2020. It is the case of the appellants that on 20.10.2020 at 13.00 hours, four unknown persons visited the said hotel in a white Innova car with a broken front bumper, impersonating themselves as police officers. They contacted Shri Vijaya who is working as a receptionist and accordingly met the appellant No.1 in room No.220. Th