Sukhpal Khaira case: Evidence collected against petitioner sketchy, says High Court

Tribune News Service

Chandigarh, January 4

The Punjab and Haryana High Court today allowed regular bail to MLA and former Leader of Opposition Sukhpal Singh Khaira. He was seeking bail after his role regarding alleged violation of the NDPS Act surfaced during further investigation by a “new” special investigation team.

The evidence collected against the petitioner was sketchy and inconclusive, said Justice Anoop Chitkara said while allowing the plea. The court was told that the FIR under which Khaira was arrested on September 28, 2023, traced back to March 5, 2015.

It was alleged that the investigator received secret and exceptionally reliable information that an international drug mafia was operating at the Pakistan border. A person owning land along the India-Pakistan border was facilitating drug smuggling.

The police raided the premises and seized heroin, gold and pistols from various accused. After the completion of investigation, a report under Section 173(2) of the CrPC was filed against 11 accused. One of the accused was mentioned as a proclaimed offender (PO). The petitioner was neither named as an accused in the FIR, nor in the report under Section 173.

Appearing on Khaira’s behalf, senior advocate Vikram Chaudhari contended that the petitioner was arrested after fabricating, padding and creating false evidence because he parted ways with the Aam Aadmi Party.

The state’s stand was that the quantity of contraband involved fell in the commercial category and that it had collected sufficient evidence that prima facie pointed towards his dealings with drug peddlers and the international mafia.

Advocate-General Gurminder Singh, among other things, contended that the petitioner was constantly in touch with the co-accused operating from the United Kingdom as per the call details.

“Given the background, the calls between the petitioner and his PSO, PA and a handler from the UK; the disproportionate money that the ED has already seized; absence of any recovery or any incriminating evidence during the petitioner’s custodial interrogation; the evidentiary value of a disclosure statement made by a co-accused whose pardon has been approved and the absence of any other evidence connecting the petitioner, it can be inferred at this stage that for the purpose of satisfying the rigours of Section 37 of the NDPS Act, the petitioner cannot be said to be prima facie guilty as regards any allegations…. This court will put very stringent conditions in this order to ensure that the petitioner does not repeat the offence,” Justice Chitkara asserted.

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