Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 1157

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
MRIDUL KUMAR KALITA, J.
Shri. Richard Yimto - Petitioner
Versus
The State of Nagaland, Rep. by the Chief Secretary to the Government of Nagaland & Ors. - Respondents
W.P.(Crl.) No. 11 of 2022
Decided On : 09-09-2024

Advocates Appeared:
For the Petitioner:Pravir Chowdhury, Pfosekho Pfotte, Vikhono Kiso, Mr. P. Choudhury, Senior Advocate, Mr. D. Talukdar.
For the Respondents: Ms. V. Suokhrie, Public Prosecutor, Nagaland.

The court affirmed that a senior officer cannot avoid accountability for procedural lapses and that the transfer of investigation to the CBI is not warranted without exceptional circumstances.

Headnote:
Mandamus - Writ Petition - Article 226 - FIR Registration and Investigation Transfer - The court discussed the provisions of Article 226 of the Constitution, Sections 154 and 173 of the Code of Criminal Procedure, and relevant sections of the NDPS and Prevention of Corruption Acts, emphasizing the necessity of proper FIR registration and the authority of the court in directing investigations.
Fact of the Case:

The petitioner sought a writ to compel the registration of an FIR regarding a drug seizure incident and to transfer the investigation to the CBI, alleging bias and misconduct by state police officials.
Finding of the Court:

The court found sufficient evidence against the petitioner for preventing the registration of the initial FIR and for illegal possession of contraband, rejecting the petitioner's claims of conspiracy and bias.
Issues: Whether the petitioner was wrongfully implicated and whether the investigation should be transferred to the CBI.
Ratio Decidendi: The court held that the petitioner, as a senior police officer, had a duty to ensure proper procedure was followed and could not evade responsibility for the actions taken by his subordinates under his influence.
Result: The writ petition was dismissed.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. P. Choudhury, learned senior counsel assisted by Mr. D. Talukdar, learned counsel for the petitioner. Also heard Ms. V. Suokhrie, learned Public Prosecutor for the State of Nagaland.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Richard Yimto, IPS praying for issuance of Writ in the nature of Mandamus or any other Writ for directing the State authorities to register an FIR in respect of complaint dated 03.08.2018 filed by one Lichathong Lotha, UBSI, Commander, Narcotic Cell Check Point, Khuzama, Nagaland regarding recovery of illegal drugs. The petitioner has also prayed for directing the respondent No. 1 i.e., the State of Nagaland to transfer the investigation of the case arising out of complaint dated 03.08.2018 to the Central Bureau of Investigation (CBI).

3. The facts relevant for considerations of instant writ petition, in brief, are as follows:-

i. That on 03.08.2018, one Lichathong Lotha, UBSI, Commander, Narcotic Cell Check Point, Khuzama, Nagaland had lodged a written complaint before the Officer-in-Charge of Narcotic Cell, Kohima, Nagaland, inter alia, alleging that on 03.08.2018 at around 8:30 Hrs., one Maruti Swift vehicle (White Colour), bearing Registration No. AS-01-BJ-0245, was signaled to stop for checking at Khuzama Narcotic Cell Check Point by the on-duty Police Officials. However, the vehicle did not stop and accelerated and escaped from the check point. On suspicion, the on-duty police personnel chased the vehicle and after a brief chase, intercepted it. Thereafter, the police team conducted the search in the said vehicle. During search operation, Police recovered 11(eleven) packets of suspected brown sugar which were wrapped with brown and yellow tapes and kept inside the back side of the vehicle. On weighing the seized contraband, it was found to weigh 6.9 kg. The occupants of the vehicle, namely, Rahul Kharel and Deepak Lama were apprehended and a seizure list was also prepared on the same day.

ii. However, on 20.10.2018, the DSP (Crime), Kohima, namely, Tulakha K. Sumi, NPS, had lodged an FIR against the above named petitioner, namely, Richard Yimto, IPS who was posted as Inspector General of Police (CID), Nagaland, Kohima at that point of time, before the Officer-in-charge of State Crime, (PHQ), Kohima, Nagaland, inter alia, alleging therein that based on seizure memo dated 01.09.2018, 6.9 kgs of suspected brown sugar was seized from the official residence of the petitioner at New Reserve, Phesema, Kohima, Nagaland.

iii. The said FIR was registered as FIR No. 1/2018 under Sections 409/420 of the Indian Penal Code read with Section 13(1) (c)(d) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 22 of the NDPS Act, 1985.

iv. Thereafter on completion of the investigation, charge-sheet was laid bearing Charge-sheet No. 3 dated 14.03.2022 against the above-named petitioner under Sections 409/420 of the Indian Penal Code read with Section 21(c) of the NDPS Act, 1985 as well as under Sections 7(a), 7(c), 13(1)(a) and 13(2) of the Prevention of Corruption Act, 1988.

4. Mr. P. Choudhury, learned senior counsel for the petitioner has submitted that the petitioner has been falsely implicated in the instant case at the instance of some senior and junior police officers, who are closely involved with the drugs kingpins.

5. It is also submitted by the learned senior counsel that though on 03.08.2018 itself a suo moto FIR was lodged by Lichathong Lotha, UBSI, however, the Officer-in-charge of Narcotic Cell Police Station, Kohima, namely, Nirola Sophie, did not register the FIR on 03.08.2018.

6. The learned senior counsel has also submitted that the petitioner came to know about the incident, which occurred on 03.08.2018, for the first time, only on 18.08.2018, when Smt. Nirola Sophie, the then SSP, who was also the Officer-in-charge of Narcotic Cell Police Station, Kohima informed the petitioner