High Court Seeks Punjab Govt's Response On Congress MLA Sukhpal Khaira's Plea To Quash Arrest In 2015 Drugs Case

The Punjab and Haryana High Court on Monday sought response of the State government on a quashing plea moved by Sukhpal Singh Khaira, Congress MLA from Punjab arrested in connection with a 2015 drugs case.

Khaira was arrested on September 28, in a case related to heroin trade. Eight accused were arrested in the FIR earlier and later Khaira was added in additional prosecution proceeding for having connections with one of the accused.

Justice Anoop Chitkara issued notice to the State and other respondents and listed the matter for October 10. The Court also directed, "State to have instructions and filer reply/status report in the meantime with an advance copy of the same to petitioner's counsel."

Khaira is booked under Sections 21 (Punishment for contravention in relation to manufactured drugs and preparations), 24 (Punishment for external dealings in NDPS in contravention of section 12), 25 (Punishment for allowing premises, etc., to be used for commission of an offence) ,27 (Punishment for consumption of any NDPS), 28 (Punishment for attempts to commit offences), 30 of NDPS Act and Sections 25-A of Arms Act and Section 99 (Computer related offences) of IT Act.

The plea also challenges Magistrate's order to further investigate the case and present chargesheet. According to the petition, such an order cannot be passed because the matter is completely closed by the Supreme Court in February, 2023.

Khaira highlights in the plea that he was not named in the FIR and the trial has already been concluded in 2017. "The trial court summoning the petitioner as additional accused under section 319 Cr.P.C. has been held to be coram non judice and absolutely incompetent to exercise such jurisdiction by the Apex court of the country which has chosen to set aside the said order and accord a complete quietus and closure to the entire proceedings qua the petitioner," adds the petition.

Khaira submitted that the arrest is illegal as Punjab government has not filed curative petition seeking reversal or review of the Apex Court's order. The petition also stated that remand orders of Khaira passed by the Judicial Magistrate are "patently routine and mechanical." Neither could the court be termed as a court of competent jurisdiction which could exercise such powers of remand and more important, the manner in which the Court has exercised its jurisdiction is untenable, the plea states.

On October 05, Justice Vikas Behal had recused to hear the matter and directed to place before some other bench after seeking direction from Chief Justice.

Case Title: Sukhpal Singh Khaira v. State of Punjab & ors