1996 Drug Planting Case: Gujarat HC Allows Police’s Plea For 10 days Police Custody Of Ex-IPS Officer Sanjiv Bhatt [Read Order]

The Gujarat High Court on Tuesday allowed Gujarat police’ revision application for 10 days police custody of former IPS officer Sanjiv Bhatt in the 1996 drug planting case.

Earlier, the Magistrate court had rejected the remand plea by the police finding that there is no justifiable ground to grant the police remand at this stage, as the matter is of 1996. The state had approached the high court challenging this order.

Justice RP Dholaria, in his order, narrated the entire history of the case and observed that he is ‘subjectively satisfied’ that the incident of planting opium at Lajvant Hotel at Palanpur is ‘deep-rooted conspiracy’ wherein ‘clear involvement’ of the accused viz. IB Vyas and Sanjiv Bhatt and others is clearly emerging out.

The court also observed that the Magistrate adopted a very casual and formal approach and did not record any reasons while disposing the remand plea.

“This Court is subjectively satisfied that for unearthing deep-rooted conspiracy which has been alleged to have been hatched by high profile persons is required to be investigated thoroughly giving full free hand to the Special Investigating Team and for which custodial interrogation for longer period is needed and this Court is satisfied to hand over the police custody for a period of 10 days commencing from tomorrow morning at 10.00 a.m,” the court said while allowing the remand application.

The court then directed as follows: “Learned Magistrate concerned is directed to hand over the custody of the present respondents accused commencing from 12.9.2018 at 10.00 morning for about 10 days i.e. upto 21.9.2018 till 5.00 p.m. and thereafter on completion of remand period, learned Magistrate shall secure the presence of the present respondents accused for handing over to the judicial custody in accordance with law.”