The burden of proof in criminal cases lies with the prosecution, and disputed questions of facts are to be determined through evidence during trial.

DAYA CHAUDHARY, J.

1. Petitioner-Gian Kaur has filed the present petition under Section 482 Cr.P.C. for seeking fair investigation in case FIR No. 160 dated 29.7.2016 registered under Sections 15/25 of the NDPS Act at Police Station Mandi Gobindgarh, District Fatehgarh Sahib on the ground that her husband, namely, Boota Singh has falsely been implicated in the case after taking him into custody on 27.7.2016 from Aman Dhaba, Shahabad. A further prayer has also been made by the petitioner that the investigation be conducted by an independent agency or CBI as allegations have been levelled against the police officials for illegally kidnapping/detaining and planting a false case against her husband.

2. Briefly, the facts of the case, as made out in the present petition are that husband of the petitioner, namely, Boota Singh has been implicated in number of cases of NDPS Act but when he has been allowed bail in said cases, the Punjab police has again started harassing the family members of the petitioner especially her husband Boota Singh. It has also been mentioned in the petition that the husband of the petitioner was made accused in a case where recovery was effected from some other persons. However, he was allowed bail in that case vide order dated 1.4.2015 on the ground that no recovery was effected from him. After grant of bail in aforesaid matter, the husband of the petitioner was again implicated in case FIR No. 12 dated 26.6.2015 registered under Sections 21/25/29 of NDPS Act at Police Station Special Operation Cell, Amritsar, wherein, also recovery was effected from co-accused Jaspal Singh and he was released on bail vide order dated 16.2.2016. It is also an averment in the present petition that after release of her husband on bail, the police officials of Special Staff, Jalandhar including SI Surinder Singh and officials of CIA staff, Fazilka raided the house of the petitioner. Her husband submitted a complaint to the Director General of Police, Punjab stating therein that the police officials were raiding the house and harassing the petitioner and his family members. When no action was taken on the complaint, the husband of the petitioner approached this Court by way of filing Crl. Misc. No. M-14900 of 2016 for not causing harassment, humiliation and torture by the police officials praying for protection of life and liberty at the instance of police officials. Before the date of hearing in the aforesaid case, on 27.7.2016, the husband of the petitioner along with his aunt (bua)-Smt. Prem Kaur and her niece-Ms. Baljinder Kaur was illegally picked up by the police officials of CIA staff Sirhind from Aman Dhaba, Shahabad (Haryana). On coming to know about the incident, the petitioner approached this Court by way of filing Criminal Writ Petition No. 1022 of 2016 for release of her husband, namely, Boota Singh from the illegal custody of the police officials. Notice of motion was issued on 28.7.2016 and warrant officer was also ordered to be appointed. The Warrant Officer on the basis of search conducted by him on 28.7.2016 and 29.7.2016 submitted his report. However, he could not find the husband of the petitioner. As per case of the petitioner, her husband was picked up from Aman Dhaba, Shahabad on 27.7.2016, therefore, the warrant officer went to Shahabad and inquired from the persons who were on duty at Aman Dhaba and came to know that some persons from Punjab Police were in search of Boota Singh and checked the register of the Dhabha. It has been mentioned in the report of Warrant Officer that the vehicle Innova parked in the Dhabha was picked up by Mittal Crane Service on the next morning. As per case of the petitioner, present FIR was registered on 29.7.2016 and her husband was shown to be arrested along with Rajinder Singh and Abdul Gaffar, both residents of Malerkotla. The husband of the petitioner was shown to be sitting in between the cabin of the Canter from which the recovery was effected. It is also an