2010 Supreme(Del) 632
THE HIGH COURT OF DELHI AT NEW DELHI
HON'BLE MR. JUSTICE SANJIV KHANNA
MEETA DEVI..... Petitioner
Versus
STATE NCT OF DELHI..... Respondent
W.P.(CRL) 1313/2007
W.P.(CRL) 1568/2007
Decided on : 29.09.2010
Through Mr. V.K. Shukla and Mr. K.K. Verma, Advocates.
Through Mr. Sanjeev Bhandari, Additional Standing Counsel.
Headnote:Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 29, 50, 61, 85 - Indian Penal Code, 1860 - Sections 186, 353, 332, 34 - Recovery of smack---Request for CBI investigation---Even if police has made investigation which is not proper, aggrieved person can approach Magistrate under Section 156(3), Cr.P.C---Request for. investigation by CBI declined. [Paras 7, 13]
1. I have heard the counsel for the parties. The respondent Delhi Police has filed status reports as well as reply affidavit.
2. As per the respondents, on 17th September, 2007 on the basis of secret information, nakabandi was done and at about 9.15 P.M. and two persons were seen coming from D Block, Nand Nagri. The informer pointed out and identified the said two persons. They were stopped and were asked to identify themselves. They gave their names as Om Prakash and Bijender. As it was suspected that they were carrying narcotics, a written notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) was served on Om Prakash. In the meanwhile persons from nearby gathered at the spot and started obstructing and pelting stone at the policemen. Bijender ran away from the spot but Om Prakash was apprehended. The allegation of the prosecution is that on search of Om Prakash, a transparent polythene bag containing brownish material was recovered from the right side pocket of his shirt. It is alleged that ASI Devender had suffered injuries because of stone pelting and was taken to GTB Hospital. Two other police officers ASI Rishiram and Head Constable Bijender had also sustained injuries and required medical attention. The transparent polythene bag recovered from Om Prakash was found to be weighing 300 Grams. It is alleged that this powder is smack. FIR No.802/2007 under Sections 186/353/332/34 Indian Penal Code, 1860 (IPC for short) and Sections 21/61/85 NDPS Act, police station Nand Nagri was registered.
3. It is the prosecution case that Om Prakash was interrogated and he had made a disclosure statement that he along with Bijender were going to supply smack to one Tilak Raj of Mangol Puri. Om Prakash had stated that relatives of Bijender had pelted stone and helped Bijender in escaping from the spot.
4. As per the affidavit filed by Delhi Police, Om Prakash had identified the house where they use to prepare smack by mixing chemicals. On search of the said house, utensils for preparing smack powder were recovered and it is alleged that the utensils were smudged with the smack powder. The said house, it is stated, is owned by the wife of Om Prakash. It is stated that Bijender is a bad character as per police records and is involved in 12 cases out of which 3 cases are under NDPS Act. Petitioner Meeta Devi is wife of Bijender and there are as many as 7 FIRs registered against her including 2 FIRs under the NDPS Act.
5. The allegation made by the petitioners, namely, Bijender and Meeta in these writ petitions is that they are residing at D-2/376-388, Nand Nagri, Delhi-93 with their family. They had kept gold ornaments weighing 4 Kilograms and Rs. 8 lacs in cash at their residence for the purpose of marriage in their family. It is stated that the petitioners belong to Sansi caste and this caste was earlier infamous for dealing in liquor and drug trade and therefore they are easy prey for the police. It is further alleged that Head Constable Dilawar Singh, Crime Branch, Chanakya Puri along with other police officers use to extract money from the petitioners. It is averred that Head Constable Dilawar Singh somehow came to know that the aforesaid 4 kilograms of gold and Rs. 8 lacs cash were lying in the house of the petitioners and he along with 8-9 police officers in plain clothes forcibly entered into the house of the petitioners on 17th September, 2007 and had given a beating to the two petitioners. It is alleged that Head Constable Dilawar Singh had kept a pistol at the head of Bijender and forcibly took the keys of the almirah and the entire cash of Rs. 8 lacs and 4 kilograms gold jewellery ornaments was taken away in 2-3 bags, which they were carrying with them. It is alleged that the petitioners made a call to police control room at 100 and thereafter have been writing letters to various authorities but FIR has not been registered. Counsel for the petitioners submits that the all