ABHISHEK CHETAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Petitioner Abhishek Chetal has approached this Court by way of filing the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short - "Cr.P.C.") for handing over the investigation in case FIR No. 18 dtd. 9/11/2016 under Ss. 21, 25, 29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short - "NDPS Act") registered at Police Station - State Special Operation Cell (SSOC), Distt. Amritsar (Annexure P-1) to some independent agency like the Central Bureau of Investigation (for short - "CBI"). A further prayer has also been made that the investigation conducted be monitored by this Court with the direction to the investigating agency to conclude the investigation at the earliest.

(2.) Learned counsel for the petitioner further submits that vide order dtd. 25/8/2017, after recording contentions, a detailed direction was issued by this Court as certain documents including CCTV footage and call details were not taken into consideration by the Investigating Officer. The matter was referred to ADGP, Bureau of Investigation, Punjab with the direction to appoint a senior officer to look into the plea of the petitioner, collect all relevant evidence and to submit the report before this Court. The report was submitted in a sealed cover on 18/12/2017. The copy of the report was also provided to him as investigation was completed. Thereafter, the case was adjourned on various dates as CFSL report was not received. Subsequently, the CFSL report was produced before this Court. Challan was presented, but the plea of the petitioner regarding CCTV footage of toll plaza and tower location of the mobile of the petitioner and the police officials was not considered before presentation of the challan. Accordingly, the matter was referred to ADGP, Bureau of Investigation, Punjab The report was submitted by IGP (Crime-III), Punjab, which was placed on record. It was mentioned in the report that the CCTV footage had been sent to CFSL, Chandigarh to identify the identity of the officers. It is also mentioned in the report that two mobile phones along with SIM Nos. 8591382463 and 7007793650 were recovered from the petitioner during search and he was found in touch with certain infamous smugglers, whereas those numbers did not belong to the petitioner as there was no document/ID to show that said numbers belong to the petitioner. As per case of the petitioner mobile No. 9915309396 belongs to the petitioner and he was in touch with his clients in Jammu and Kashmir region. The conversation between the two was of professional nature.

(3.) Learned State counsel has opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner was in conscious possession of huge quantity of heroin and the amount of Rs.39,73,000.00 recovered from him pertains to drugs. A detailed investigation was conducted by senior officer under the direction of this Court and nothing was found that the allegations levelled against the petitioner are false. All documents including the CFSL report were also taken into consideration as per the direction issued by this Court. Even in the CCTV footage, neither the number of the car of the petitioner nor the faces of the police officials are visible clearly. The petitioner has no right to get the investigation conducted as per his choice. He has also relied upon judgment of Hon'ble the Apex Court in case Romila Thapar and others Vs. Union of India and others 2018 AIR (SC) 4683.