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2019 Supreme(P&H) 847
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARVIND SINGH SANGWAN, J.
Hardev Singh - Appellant
Versus
State of Punjab and Others - Respondent
Criminal Miscellaneous (M) No. 24190 of 2018
Decided On : 05-11-2019
Advocate Appeared:
Vipul Jindal, Adv., Joginder Pal Ratra, Adv.
The court emphasized the importance of pending trial and the right to defense in dismissing the petition for transfer of investigation.
Headnote:
NDPS Act - Transfer of Investigation - Sections 21 & 29 - Summary: The court dismissed the petition for transfer of investigation of an FIR under Sections 21 & 29 of the NDPS Act, finding that the allegations against the Inspector were not substantiated. The court noted that the cases were pending trial and that the petitioner's bail application had been dismissed.
Fact of the Case:
The petitioner sought transfer of investigation of an FIR under Sections 21 & 29 of the NDPS Act, alleging malafide action by the Inspector. The petitioner had a history of involvement in drug-related offenses, and the police had conducted thorough investigations, with cases pending trial.
Finding of the Court:
The court dismissed the petition, noting that the challans had been presented and the case was subjudice before the Special Court. The court emphasized that its order did not affect the petitioner's right to defense.
Issues: Transfer of investigation, Allegations of malafide action by Inspector, Pending trial of cases
Ratio Decidendi: The court found that the allegations against the Inspector were not substantiated and that the cases were pending trial, leading to the dismissal of the petition.
Final Decision: The petition for transfer of investigation was dismissed, with the court clarifying that its order did not impact the petitioner's right to defense.
JUDGMENT :
ARVIND SINGH SANGWAN, J.
1. Prayer in this petition is for transfer of investigation of FIR No.07 dated 27.03.2018 under Sections 21 & 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), registered at Police Station State Special Operation Cell, Amritsar, to some other independent agency.
2. Learned counsel for the petitioner has submitted that the petitioner had filed CRM-M-7841-2018, praying for issuance of direction to the official respondents to protect his life and liberty at the instance of Inspector Inderdeep Singh @ Inderbir Singh and the said petition was disposed of vide order dated 23.02.2018, with a direction to the Senior Superintendent of Police (Rural), Amritsar to look into the allegations levelled in the representation and decide the same. It is further submitted that in the said petition, the petitioner has given various instances, when the aforesaid Inspector Inderdeep Singh @ Inderbir Singh had extended threats to him, as he is running a marriage palace and the said Inspector is threatening him to close the same, on account of political pressure. It is also submitted that later, on 26.03.2018, the petitioner and his minor son were picked up by Inspector Inderdeep Singh @ Inderbir Singh and the petitioner was involved in FIR No.26 dated 06.11.2017 under Sections 21/29/61/85 of NDPS Act, Police Station SSOC, Amritsar, by showing the alleged recovery of 270 grams of heroin from one Sukhbir Singh @ Sukh and 04 kgs of heroin from the petitioner.
3. Learned counsel for the petitioner has argued that since the petitioner was having apprehension, for which he has filed the aforesaid petition, involvement of the petitioner in FIR No.26 is on account of malafide action of Inspector Inderdeep Singh @ Inderbir Singh and therefore, the present FIR No.07 may be transferred to some other independent agency.
4. Reply by way of affidavit of Sub Inspector Amandeep Singh, Counter Intelligence, Amritsar is on record. It is stated in the affidavit that the Intelligence Wing of Punjab Police has three separate units i.e. CID Unit, State Special Operation Cell and Counter Intelligence. The State Special Operation Cells are designated as police stations, however, Counter Intelligence is not given the status of police station and therefore, the FIRs registered by the operation team of Counter Intelligence are registered in the Police Stations State Special Operation Cell. It is further stated that in Amritsar, the Counter Intelligence has an operation team comprising of 20 police officials, who are non-gazetted officers i.e. Inspectors, Sub Inspectors, Assistant Sub Inspectors as well as NGOs. As and when some information is received by the operation team, the police takes action in accordance with law.
5. It is also stated in the affidavit that petitioner Hardev Singh @ Rambo is habitual offender and he is involved in the business of selling narcotics and is involved in FIR No.122 dated 10.06.2014 under Sections 21/61/85 of NDPS Act, Police Station Maqsudan, District Jalandhar Rural, and FIR No.119 dated 30.10.2017 under Sections 323, 324, 452, 295, 354, 506, 148, 149 IPC, Police Station Sarhali, District Tarn Taran. It is further stated that other family members of the petitioner i.e. his father Makhan Singh, uncles (chacha) Skattar Singh @ Laddi, Gajjan Singh and cousin Harjit Singh are also involved in the business of drug paddling. The detailed list of FIRs pending against father of the petitioner namely Makhan Singh and other relatives is as under: -
'FIRs registered against Makhan Singh, father of Hardev Singh
i. FIR No.32 dated 14.04.2003 under Sections 18/61/85 of NDPS Act, PS Goindwal Sahib, District Tarn Taran (recovery 7.659 kg opium).
FIRs registered against Skattar Singh @ Ladi, uncle (real chacha) of Hardev Singh
i. FIR No.24 dated 18.03.2016 under Sections 21/29/61/85 of NDPS Act, PS Harike, District Tarn Taran.
ii. FIR No.48 dated 20.10.2012 under Sections 21/61/85 of NDPS Act, PS
