Recovery of drugs in every case viewed with suspicion, says Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, December 4

Amidst claims of earnest efforts by the state agencies to arrest the drug menace, the Punjab and Haryana High Court has asserted contraband recovery in every case was viewed with distrust following some false implication cases. The assertion came as the Bench ordered an inquiry into a case of alleged false implication.

Justice Vikas Bahl made it clear the Khanna SSP would examine the matter before determining whether action was required to be taken against erring police officials.

“The SSP, Khanna, while taking such a decision should aim at balancing the scales, inasmuch as it is on account of some false implication cases that the recovery in every case is seen with an eye of suspicion,” Justice Bahl added.

In his order, Justice Bahl observed it was for him to ascertain whether police officials under his authority were performing their duties with honesty and in accordance with law. The matter was brought to court notice after a woman sought regular bail in a case registered under the Narcotic Drugs and Psychotropic Substances Act at Machhiwara police station on March 5.

Referring to the record before the court, Justice Bahl asserted it appeared to be a case of false implication. The petitioner was, as per the FIR, arrested on March 4 at about 9.50 pm by a police team while riding a scooter. Prima facie evidence in form of photographs and CCTV footage showed persons, admitted to be CIA officials, accompanying her in a lane in front of a shop at 6.47 pm the same day.

Justice Bahl added the SSP in his affidavit did not dispute the photographs, the CCTV footage and the presence of the petitioner along with CIA officials. But the aspect was sought to be brushed aside by merely stating she was not apprehended at that time. No explanation was given as to where she was taken or how four-five persons from the CIA staff were accompanying her “in exactly the same direction and in a close proximity”.

Allowing her plea, Justice Bahl added it could not be said from the photographs that the officials were moving independent of the petitioner. Prima facie proof of enmity between the police officials and her family was also in existence. Even her husband was falsely implicated, apparent from a judgment dated March 7, 2015. A false case was planted upon him, following which the Ludhiana Special Court judge directed appropriate action against all police officials involved in false implication. The police official, who appeared as a prosecution witness in that case, was the investigating officer in the present matter.

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