The main legal point established in the judgment is the need for a fair and thorough investigation to ensure substantial justice and address the allegations of false implication, as highlighted in the Babubhai vs. State of Gujarat and others, reported as 2010(12) SCC 254.

JUDGMENT

Vikas Bahl, J. (Oral). - This order will dispose of two criminal miscellaneous petitions filed under Sections 482 Cr.P.C. for directing that the investigation of FIR no.16 dated 13.02.20221 registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (in short 'NDPS Act') at Police Station Sultanwind, District Amritsar, be conducted fairly and impartially by an independent agency like Crime Branch or any other agency.

2. The first petition, i.e. CRM-M-21182-2021 has been filed by Simerjit Kaur wife of Varinderjit Singh @ Goldy (accused in FIR no.16 dated 13.02.2021) and the second petition i.e. CRM-M-25554-2021 has been filed by Kawaljit Kaur wife of Harpreet Singh (accused in FIR no.16 dated 13.02.2021). With the consent of all the parties, CRM-M-21182-2021 filed by Simerjit Singh has been taken up as main case and the facts have been taken from the said petition.

3. It is the case of the petitioners that their husbands have been falsely implicated in the above said FIR. Simerjit Kaur has stated that her marriage had taken place with Varinderjit Singh @ Goldy on 15.04.2002 and she and her husband are government teachers and her husband is posted as ETT teacher in Government Elementary School, Dhagana, Block Patti, District Tarn Taran and they are hard working and honest persons and there is no earlier criminal case registered against them. It is further pointed out that the election for Municipal Committee and Nagar Panchayat were to be held in the State of Punjab on 14.02.2021 and the husband of the petitioner had been deputed as Booth Level Officer in the earlier elections by virtue of his posting as a government teacher and was aware regarding electorate of the area and on 13.02.2021, the husband of the petitioner received a call from one Sanjeev Kumar, who was known to the husband of the petitioner and whose wife Mrs. Rama Rani was contesting elections from Ward no.9 of Tehsil Patti, District Tarn Taran as a candidate of the Aam Aadmi Party, seeking help from the husband of the petitioner to identify the voters who had left the ward due to shifting of their house, death, marriage etc. as the said candidate was fearing that the ruling party would use those candidates to cast bogus votes in their favour to win the elections. It has been averred in the petition that on the request of said Sanjeev Kumar, the husband of the petitioner had met him and with his own hand made notes/identifications on the the voter list of Ward no.9, specific identification was made with respect to persons who were no longer available in the area at the time of elections. It has further been averred that apparently someone gave information regarding the said exercise to the members of the ruling party and also to the husband of the candidate who was contesting from Ward no.9 from the Congress party and the husband of the petitioner, in spite of making requests and giving explanation, could not pacify the concerned person, who thus, being annoyed with the petitioner on the said account, falsely implicated the husband of the petitioner in the present case. The incident in question, as per the petitioner, has been detailed in paragraph 8 of the petition, in which it has been stated that on 13.02.2021 at about at 8:10 PM, the husband of the petitioner entered into the parking of the Best Price Showroom in his car along with Gagandeep Singh and Harpreet Singh (husband of the petitioner in CRM-M-25554-2021). It has been further alleged that at the behest of the MLA, the police party including Investigating Officer Resham Singh (respondent no.8), Inspector Inderjit Singh (respondent no.7) and Vishal alias Pehalwan (respondent no.9) and other police officials illegally detained the husband of the petitioner and Harpeet Singh from the parking compound of Best Price in an Innova car and at the said time, the police officials were in plain clothes. It has been averred that Gagandeep Singh was permitted to go and afte