The central legal point established in the judgment is the right to fair investigation as a constitutional right, and the influence of doubt cast on the prosecution's case by the Director General of Police in granting bail to the petitioner.

JUDGMENT

Anil Kshetarpal, J. - The petitioner prays for grant of bail pending trial in a criminal case arising from FIR No.16, dated 04.08.2017 registered under Section 21, 25, 29 of NDPS Act, 1985, at Police Station State Special Operation Cell, Amritsar.

2. At the outset, it must be noticed that the petitioner is in custody for approximately 3 years and 6 months. It is also significant to note that Director General of Police, Punjab, after having examined the record, has already doubted the correctness of the story of the prosecution. On 12.01.2021, while deciding CRM-M-3144-2018, this Bench has passed a detailed order, directing the handing over of the investigation to the Central Bureau of Investigation as also for the registration of a criminal case against the police officials. The case of the prosecution has been noticed in detail in the afore-mentioned judgment which is extracted as under:-

"The petitioner has invoked the inherent jurisdiction of this Court, under Section 482 Cr.P.C, to transfer the investigation of a criminal case to the Central Bureau of Investigation or to any other fair or impartial and independent investigating agency. The petitioner alleges that he is being prosecuted by the State machinery, at the behest of his political opponents, who are governing the State. He alleges that he has been victimized and haunted by involving him in a large number of criminal cases, after his political opponents have taken over the governance in the State.

Once the executive, at the highest level, fails to take an action, although, certain glaring facts have come on record, the Constitutional Court is left with no other choice but to intervene and make attempt to redress the grievances. Fair investigation is a constitutional right of the accused/victim, fairness being a facet of Article 21 of the Constitution of India. In Babu Bhai Jamuna Dass Patel vs. State of Gujarat, (2010) 4 RCR(Cri) 311, the Supreme Court held that not only fair trial but fair investigation is also a part of the constitutional rights guaranteed by the Constitution of India. The Investigating Agency cannot be permitted to conduct the investigation in a tainted and biased manner. In State of Bihar vs. P.P.Sharma, (1991) AIR SC 1260, the Supreme Court held that the investigator must be alive to the mandate of Article 21 and is not empowered to trample upon the personal liberty arbitrarily. In Navinchandra N Majithia vs. State of Meghalaya and others, (2000) AIR SC 3275, held that the investigating agencies are guardians of the liberty of the innocent citizens and therefore, a heavy responsibility devolves upon them that the innocent persons are not charged and they do not suffer false implication.

Some facts are required to be noticed. The petitioner is being tried in FIR no.16, dated 04.08.2017, registered under Section 21, 25, 29 61, 85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 and Section 25, 54, 59 of the Arms Act, at Police Station SSOC, Amritsar. At present, the case is pending in the court.

As per the case of the prosecution, a secret information was received by the members of Special Task Force, that the petitioner along-with certain other are illegally peddling Heroin (contraband), after receiving it from a neighbouring country Pakistan. It is alleged that the petitioner -Balwinder Singh @ Kukku was intercepted on 04.08.2017, when he was travelling in a car. During his personal search, in the presence of a Deputy Superintendent of Police, 1 kg Heroin was recovered. On the disclosure statement of the petitioner, made during his interrogation, a raid was conducted at a room built for tubewell, in the agricultural land of Major Singh. Bohar Singh & Major Singh, were apprehended. On being intensively questioned, they are alleged to have confessed their connection with Pakistani smuggler Aarif and have disclosed that they have been receiving consignments of Heroin (contraband), out of which three packets of 500 grams each, were