BAGGU KHAN Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This is a petition under Sec. 482 Crimial P.C. praying that investigation pursuant to FIR No.109 dated 27.11.2014, registered under section 22/61/85 of Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station City-2, Abohar, District Fazilka, be handed over to some independent agency like Central Bureau of Investigation.

(2.) Petitioner has alleged that on 27.11.2014, while he was sitting at home, some residents of the village namely, Alla Bux and Husain came and asked him to accompany them to Abohar where they had some work. They assured him that they would return in the evening. Petitioner sat along with these two persons in a vehicle (Bolero Jeep bearing No. HR-26-AX-5989). As the jeep crossed Rajpura barrier, they were apprehended by a police party. Search of the jeep was conducted. It was found that there were 500 tablets of Caricoma and 95 vials of Rexcof. ASI Pawan Kumar along with H.C. Satnam Singh and HC Hansraj took all the three persons to a nearby garden. The Station House Officer namely, Sahab Singh came there. He took an amount of Rs. 2,40,000.00 from Alla Bux and Hussain and left them along with Bolero Jeep. Petitioner alleges that the recovery of 500 tablets of Caricoma and 95 vials of Rexcof was thereafter planted on him and FIR under Sec. 22/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 was registered. According to him, this all happened despite the fact that petitioner had no such record and never indulged in any criminal activity. On the other hand, Alla Bux and Hussain had number of other cases pending against them, as stated in para No. 4 of the petition.

(3.) It appears, during pendency of investigation, an application was submitted by father of the petitioner seeking an inquiry into the matter. This inquiry was entrusted to Superintendent of Police, Abohar. After conducting a detailed enquiry, he submitted report Annexure P-3 and arrived at a conclusion that Baggu Khan was innocent. Operative part of the report reads as under:-