Probe planting of narcotics by cops, court orders Khanna SSP

Legal Correspondent

Ludhiana, May 9

“It is a shocking piece of evidence came on record that persons, who are supposed to perform the duty to maintain law and order and to arrest accused in such cases under the NDPS Act are indulging in corrupt practices and after procuring some medicines and crushing to make it powder, plant the same on the accused for some extraneous reasons,” observed a local court, while acquitting an accused in narcotics case.

The Court of Additional Sessions Judge Amrinder Pal Singh made these observations while acquitting the accused in a narcotics case. Directions were issued to the SSP, Khanna, to conduct an inquiry against ASI Darshan Lal, Head Constable Inderjit Singh, Head Constable Lakhwinder Singh, ASI Kimti Lal and also other police officials, who were part of these corrupt practices to implicate the accused in a false case.

It has been further directed that if they are found guilty, an FIR be registered against them under relevant provisions of law.

The orders were pronounced by the court while acquitting Jagdeep Singh, alias Happy, resident of Takhran village, Machhiwara Sahib, in a narcotics case.

Delivering the 42-page judgement, the court held, “From all the evidence adduced by prosecution on record and cross-examination done on behalf of accused and documents produced by accused in his defence, it is apparently clear that alleged recovery has been planted upon the accused. So, from no stretch of imagination it can be inferred that accused was found in conscious possession of 60 gms of intoxicant powder”.

The accused had filed a writ petition before the High Court in which the State of Punjab, Punjab DGP, Khanna SSP, Macchiwara police station SHO, ASI Kimti Lal and ASI Darshan Lal were arrayed as respondents, but instead of filing cancellation report, a challan was presented and no inquiry was conducted to know the nexus of such officials like ASI Kimti Lal and ASI Darshan Lal and other officials posted in the police station, who in connivance with other police officials had implicated the accused in the present case. So, the accused is ordered to be acquitted from the charge framed against him, further observed the court.

Divulging the details, defence lawyer Parupkar Singh Ghumman said a false case against the accused was registered at the Machhiwara police station on April 12, 2017. As per prosecution, ASI Darshan Lal along with a police party was present at a crossing of Bhattian village. At about 9 pm, a car was seen coming from the Adiyana village side driven by the accused. A signal was given to stop the car but the accused tried to run away from the spot. He was apprehended on suspicion and 60 gram of intoxicating powder was recovered from his pocket. The prosecution examined 10 witnesses to prove its case.

Whereas, the accused produced on record the documents showing that following writ petition, the Vigilance Bureau had registered a case against ASI Kimti Lal, which is pending before the Court of Additional Sessions Judge Ajit Atri regarding false implication in narcotics case.

“The defence also produced one conversation between ASI Kimti Lal, Jagdeep Singh and Harvinder Singh, which pertains to January 5, 2018. All the persons were conversing with each other like friends, although ASI Kimti Lal was fully aware that he was talking to the accused. At one point of time he admitted the fact that some medicines were recovered and they were not destroyed, neither case was registered. The medicines were crushed to powder and from the conversation it is clear that the crushed powder is planted on various persons to involve them in NDPS cases,” observed the court.

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