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2024 Supreme(Online)(HP) 9107
HIGH COURT OF HIMACHAL PRADESH
TARLOK SINGH CHAUHAN,ACJ, Mr. Justice Satyen Vaidya, J
GURDEV SINGH VERMA – Appellant
Versus
STATE OF HP AND OTHERS – Respondent
CRWP/19/2024
The court emphasized the necessity of unbiased investigation and the duty of police to register FIRs when cognizable offences are disclosed, affirming victims' rights under Article 21.
Headnote:(A) Constitution of India - Article 21 - Narcotic Drugs and Psychotropic Substances Act - Sections 21 and 29 - Petition for quashing arrest and seeking investigation by CBI for false implication in drug case - Allegations of extortion and misconduct by police officials in the arrest of accused - Violation of fundamental rights under Article 21 highlighted - Delay in registering FIR questioned - Court directs transfer of investigation to CBI for impartial inquiry. (Paras 1, 44, 62, 64)
(B) Right to fair investigation - The court emphasized the necessity of unbiased investigation and the duty of police to register FIRs when cognizable offences are disclosed, as per the ruling in Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1. (Paras 47, 120)
(C) Victim's rights under Article 21 - The court recognized the rights of victims to fair treatment and investigation, stressing that these rights should not be subordinate to those of the accused. (Paras 58, 60)
(D) Allegations against police officials - The court noted the reluctance of police to investigate allegations against a senior officer involved in the case, indicating a bias in the investigation process. (Paras 55, 62) (E) Conclusion - The court ordered the CBI to investigate the case to ensure a fair and impartial inquiry into the allegations raised by the petitioner. (Paras 62, 65)
Satyen Vaidya, Judge
By way of instant petition, petitioner has prayed for following substantive reliefs:-
(i) Issue a writ in the nature of certiorari seeking quashing and setting aside the arrest of the son of petitioner namely Deepak made in connection with the FIR No. 60 of 2024 dated 01.04.2024 registered at Police Station Balh, District Mandi, H.P. being grossly violative of right and liberty granted under Article 21 of Constitution of India as he has falsely been implicated in the said FIR.
(ii) Issue a writ or direction or order to CBI for investigating the matter in question and to ascertain the truth.
(iii) Issue writ or direction or order if after inquiry false implication is proved, FIR be registered against the erring police officials and son of petitioner Deepak may be compensated for the same.
(iv) Issue writ, direction or order to S.P. Mandi to preserve the call details and tower location of the following numbers and present them before the Hon’ble Court when ordered for:-
1. Deepak Singh Verma (93174-12754)
2. Anurag Sharma (86792-11951)
3. Kartar Singh (85804-09261)
4. Sagar Chand ASP Mandi (94180-20803 and 70185-19433)
5. Dev Raj, ASI PP Rewalsar (94180-02139)
6. HC Bhanu, Police Station Balh (98167-13280)
7. Petitioner (98821-19287)
8. Two number i.e. 62303-94647 and 84939-57506.
2. The son of petitioner named Deepak Verma along with two others, namely, Kartar Singh and Anurag Sharma ( hereafter referred to as Deepak, Kartar and Anurag) are facing trial before learned Special Judge, Mandi, H.P., under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances, Act ( for short, ‘the NDPS Act’) . All three of them have been charged of being in conscious possession of 287 grams of Chitta/Heroin , while travelling in vehicle bearing temporary registration No. T0124HP866A ( Maruti Alto ). within the jurisdiction of Police Station Balh (PS Balh), District Mandi, H.P.
3. It is alleged that on 31.03.2024, a police party headed by ASI Dev Raj, incharge Police Post Kalkhar (PP Kalkhar), on prior secret information, apprehended aforesaid vehicle at place near Baba Balak Nath Temple, Banoun. Deepak, Kartar and Anurag were found as occupants of the vehicle. On search of the vehicle 287 grams of Chitta/Heroin was recovered. The case was registered at PS Balh, District Mandi, H.P. vide FIR No. 60/2024, dated 01.04.2024.
4. In this backdrop Deepak, Kartar and Anurag are facing trial, as noticed above.
5. The instant petition has been filed alleging false implication of the accused persons in FIR No. 60/2024. It is alleged that on 31.03.2024, the petitioner had received a call on his mobile phone at about 6:04 PM from mobile number 62303-94647 and he was informed by the caller that two occupants in the vehicle of his son Deepak had been apprehended by the police with Chitta/Heroin . Petitioner had made a request to leave his son, but the caller had asked petitioner to make some arrangement. As per petitioner, he called on mobile number 62303-94647 at 6:06 PM, asking as to what was required to be done by him. In reply, petitioner was asked to arrange for Rs. 1,00,000/-. It is also narrated by the petitioner that the recipient of the call on aforesaid number had also inquired about the location of petitioner and what time was likely to be taken by him to reach place known as Ner-Chowk. Petitioner allegedly had told the caller that it would take at least one and half hours to reach Ner-Chowk as he was to make arrangement for Rs. 1,00,000/- also. On the query of petitioner as to where he had to deliver money, it was replied that he should first reach Ner- Chowk and then again make a contact on the said number.
6. It is further averred that at about 6:15 PM, petitioner had received a missed voice call from mobile number 84939-57506. Petitioner called on the said number at 6:16 PM and was instructed to make further calls on the said number through WhatsApp. He was further required to arrange for the money at the earliest with the threat
