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2024 Supreme(Online)(RAJ) 26968
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
SATYANARAYAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 11355 / 2024
Mr. SK Bhati, Mr. Bharat Gurjar, Mr. Rajesh Bhati, AGA, Mr. Uttam Singh Rajpurohit for Mr. Mukesh Rajpurohit, Dy.S.G. for CBI, Mr. Jitendra Singh, CI, SHO, at P.S. Vivek Vihar, Jodhpur, Mr. Chakrawati Singh, Add. SP, ACB, Jodhpur, Mr. Rajendra Prasad Divakar, ADCP, INT & SEC, Jodhpur Commissionerate
The court emphasized the need for an independent inquiry into police misconduct to uphold justice and public trust, ordering the suspension of implicated officers.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Allegations of extortion and illegal detention by police officers - Serious allegations made against police officials regarding demand for bribe in exchange for absolving individuals from NDPS charges - Inquiry into the matter found lacking, with evidence of complicity suggested by video footage and witness statements. (Paras 1-12)
(B) Inquiry Process - The court emphasized the necessity of an independent inquiry to ensure transparency and justice, suggesting that the investigation be handed over to a central agency like CBI to avoid bias. (Paras 13-19)
(C) Suspension of Officers - The court ordered the immediate suspension of the implicated police officers to prevent interference with the inquiry. (Paras 18-19)
Facts of the case:
The case involves allegations against police officers for extorting money from individuals involved in a narcotics case, with evidence including video recordings and witness testimonies.
Findings of Court:
The court found prima facie evidence of extortion and illegal detention, necessitating an independent inquiry.
Issues: The main issues addressed include the credibility of the police inquiry and the need for an independent investigation into the allegations against police officials.
Ratio Decidendi: The court ruled that serious allegations against police officials require an independent inquiry to maintain public trust and ensure justice.
Result: The court ordered the suspension of the implicated officers and directed that the inquiry be conducted by a central agency.
Order
1. Brief facts of the case as per the content of the FIR No.39 which got lodged at 01:51 AM on 30.01.2024 and as per which the incident took place at 16:40 PM of 29.01.2023, when a truck tanker NO.RJ09 GD 2612 was intercepted by SHO, Police Inspector Jitendra Singh Rathore and his team, the vehicle was being driven by one Om Prakash Gurjar of Prem Puria Police Station, Gandhi Sagar, District Mandsor, M.P. Upon suspicion, a search was made and as per the allegations 111 bags containing poppy husk came to be recovered from the vehicle aforesaid. As per the FIR, the vehicle was spotted by police at 05:30 PM near Sangaria bypass, Saalavas and the contraband was seized therein. The driver Om Prakash was arrested and under the instructions of the superior officers, the investigation was handed over to Mohd. Shafiq Khan, SHO, Police Station Shastri Nagar. It is incorporated in the FIR itself that when initial interrogation was made, the driver Om Prakash told the police that the contraband was to be supplied to accused Satyanarayan Suthar. This is the one aspect of the case.
2. The another aspect of the case is that one Mukesh Suthar S/o accused Satyanarayan Suthar submitted a complaint to Commissioner of Police, Jodhpur, Additional SP, ACB, Jodhpur, ADG ACB Jodhpur and others alleging inter alia that on 29.01.2024, two-three policemen including one Swaroop Bishnoi came to his office at Bhadu market and asked him to accompany them as he was summoned by Jitendra Singh, SHO Police Station Basni. He alleges that on 29.01.2024 at 07:00 PM he was forced to accompany the policemen from Bhadu market to the parking of Police Station Basni via Paal Balaji Road. His phone was forcibly taken away. He alleges that the SHO Jitendra Singh was there in the parking area of police station Basni and he told him to give Rupees 70 lakhs so as to absolve him and his father from NDPS case as he was having some clue regarding their indulgence. It is alleged that when pressure was mounted up and he was threatened of dire consequences, he strongly fell ill so he was taken in the car to AIIMS hospital through gate No.4. The car was parked in the AIIMS premises, and again money was demanded for releasing him. As per the allegations, if both father and son wants to get rid of the criminal case then they would have to pay rupees 70 lakhs, but upon showing inability it was told to him to manage 35 lakh rupees for his release from their clutches. It is alleged that while sitting in car in the hospital premises, he made a call to his brother-in-law Vijay Prakash to manage supplying 35 lakh rupees to him, upon which his brother-in-law brought the amount in a car which entered the AIIMS premises through gate No.4 and then he supplied 7 bundles each containing 5 lakhs to Mukesh Suthar. A total of Rs. 35 lakhs were handed over to head constable Swaroop Bishnoi and others who were sitting in the car. After receiving of the amount, the car was taken to Police Station Basni, where the facts regarding receiving of Rupees 35 lakhs was apprised to SHO Jitendra Singh and then Swaroop Bishnoi left him at Pali Road behind Basni poice station. It is also alleged that he was having video recording of the incident. He prayed that the call location and details of Jitendra Singh and Swaroop Bishnoi and others be inquired into so as to ascertain the truth.
3. The commissioner of Police perhaps handed over the inquiry in this regard to ACP (Intelligence and Security, Jodhpur) on 22.07.2024.
4. Another complaint of the like content was received by the Additional Superintendent of Police, ACB, Jodhpur and an inquiry got conducted in this regard. A factual report dated 04.10.2024 duly signed by Chakravarti Singh, Additional Superintendent of Police, ACB, Jodhpur is taken on record and the same is made a part of the record. A bare perusal of the factual report dated 04.10.2024 revealing that no evidence could be collected with regard to demand of bribe, however, in bleak voice it is rep
