Accused In NDPS Case Claims Police Planted Contraband On Him For Declining Extortion Demands: Punjab & Haryana High Court Orders SIT Probe

Observing that "the individuals responsible for upholding the law and safeguarding citizens' rights have themselves transformed into aggressors and transgressors through the blatant misuse of police powers", the Punjab & Haryana High Court has directed to constitute Special Investigating Team (SIT) to probe alleged police misconduct in a NDPS case.

It was alleged that the Police had falsely implicated the accused in NDPS case by planting the contraband when he refused to extortion demand of the police officials, "who picked him up from his work place in the morning of the fateful day."

Perusing the affidavit submitted by the SSP, Kapurthala Justice Arun Monga opined, "the aforesaid information given by the SSP, to say the least, is compelling enough to raise concerns for any citizen of the country. The individuals responsible for upholding the law and safeguarding citizens' rights have themselves transformed into aggressors and transgressors through the blatant misuse of police powers. It was on this basis that the Court had taken note of the inconsistencies between the First Information Report (FIR) and the contents of the affidavit."

These observations were made while hearing the plea seeking transfer of the investigation of the case lodged under Sections 21,18 and 29 of NDPS Act.

According to the FIR, the accused was found in the possession of 20 grams of Heroin and 250 grams of opium. However, the counsel representing the accused argued that no such incident as argued in the FIR took place and he was picked up from his workplace. 

The counsel further submitted that the policemen demanded some money and on refusal they subjected the accused to torture and arrested him by fabricating the case.

Considering the submissions, the Court observed that co-ordinate Bench, then seized of the matter, noted in an earlier order dated May 31, 2022, that the State counsel had informed them that a SIT had been established to investigate the entire issue of misconduct by police officials.

However, when the Court asked, the state counsel "cannot provide any information" regarding actual constitution of SIT or progress of the investigation. The bench noted that, "it appears that despite the assurance that an SIT had been formed, no concrete steps were actually taken in this regard."

In the light of the above, the Court directed to constitute SIT headed by the DIG, Jalandhar, Senior Superintendent of Police, Kapurthala and one Deputy Superintendent of Police from District Jalandhar and to ensure regestering a separate FIR against the erring officials based on the affidavit submitted by .

"SIT shall investigate as to why police officials went to the petitioner's workshop in the morning at 11:00/11:30 a.m. on 23.09.2019, why this movement to the place of petitioner was not disclosed in the subsequent FIR registered in the evening on the same day, and whether they obtained permission from their superiors for this morning visit and recorded that movement in the DDR. SIT shall also file monthly progress report of the investigation before this Court. Registry of this Court to ensure compliance thereof," added the Court.

The Court also directed "to balance equities and in the larger interest of justice, it is deemed appropriate that till the SIT, as aforesaid, concludes its investigation and submits a final report, as per directions given by this Court, further proceedings arising out of FIR No.280 dated 23.09.2019, wherein petitioner is an accused, shall remain stayed."

Appearance: Ravi Malhotra, Advocate for petitioner. Hakam Singh, AAG Punjab.

Citation: 2023 LiveLaw (PH) 198

Title: Kuldeep Singh @ Sonu v. State of Punjab 

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