LINDA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS order will dispose of two revision petition Nos. 1007 of 2008 (Ms. Linda and another v. Central Bureau of Investigation) and 1008 of 2008 (Manoj Kumar and others v. Central Bureau of Investigation).

(2.) CLAIMING that the petitioners are entitled to be released on bail under the operation of Section 167 (2) Cr.P.C., the petitioners have challenged the order passed by Special Judicial Magistrate, C.B.I., Ambala, who has declined the prayer of the petitioners in this regard for their release on bail by operation of law.

(3.) FIR No. 27 dated 25.1.2008 stands registered against the petitioners under Section 420 IPC read with Section 18 and 19 of the Transplantation of Human Organ Act, 1994 (hereinafter referred to as "TOHO Act") at Police Station Palm Vihar, District Gurgaon. Stating briefly, the allegations against the petitioners in the FIR are that pursuant to a disclosure statement made by Dr. Upender, who was arrested during investigation a search of house/hospital was conducted. Five persons were found lying on separate beds in room No. 206. On asking, they disclosed their names as mentioned in the FIR. Shakil, one of the person present, told that he was brought in an esteem car from Ghaziabad for doing labour work about 10 to 12 days ago and that he was kept in a forest for 8 to 9 days and then brought to the hospital on 21.1.2008. He alleged that on 22.2.2008, his kidney was forcibly removed. He was promised a payment of Rs. 60-70 thousand and was told to keep quiet. Wasim and Saleem two other persons present their made a similar disclosure about the fact that their kidneys were removed. This led to the proceedings against the petitioners under Section 420 IPC and under the relevant provisions of TOHO Act. On a request made by Government of Haryana, the investigation of this case was transferred to C.B.I on 8.2.2008. Pursuant to the same, CBI has registered FIR No. 27 dated 25.1.2008.