HC tells Punjab DGP:  Set up agency to probe false cases under NDPS Act

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Chandigarh: As per media report Punajb and Haryana High Court to ask the DGP to look into the possibility of setting up a nodal agency to oversee probe after case registration.

Dragging of innocents in drug cases by the police has been a matter of guesses and surmises since long. But the state DGP, Suresh Arora, has himself brought to the Punjab and Haryana High Court’s notice “eight instances wherein accused were found to be innocent by the police after registration of case”, notes in The Tribue.

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Even as the Justice Mehtab Singh Gill Commission is looking into the implication of innocents during the past decade, eight confirmed cases have surfaced where accused were found to be not guilty by the police after registration of FIRs.

As per The Tribune report, information to this effect was furnished before the Bench of Justice Rajan Gupta during the hearing of a contempt petition. Taking a note of the harassment meted out to an “accused” after he was fixed in a false case, Justice Gupta asserted: “It appears that there have been instances of false implication of certain individuals by the police by invoking the provisions of the NDPS Act.

“If an FIR is registered against an innocent, he has to undergo the travails of probe and trial. He is likely to be taken into custody. This would infringe his right under Article 21 of the Constitution…

“Thus, it needs to be examined whether a nodal agency can be constituted to supervise investigation pursuant to an FIR to ensure that no innocent citizen is involved in a false case under the NDPS Act. Matter may be examined by the DGP” the court said.

The developments took place during the hearing of a contempt of court petition filed by Jasdeep Singh against police officer Parampal Singh Umranangal. Jasdeep Singh had initially moved the court for initiation of action for his alleged implication in a case registered at a Ludhiana police station in January, 2012, under provisions of the Narcotic Drugs and Psychotropic Substances Act.

The petitioner, running a small cloth business in Ludhiana since 1977, had claimed that he was a whistle blower and had conducted a sting operation in 2003 “revealing certain facts about 14 police officials”.

He moved the court for taking action against the police officials under the Prevention of Corruption Act. As such, he was falsely implicated in the case registered on January 14, 2012, under the NDPS Act at a Ludhiana police station.

He was ultimately acquitted by the Special Court in August, 2015. Thereafter, he made a representation for taking action against the police officials responsible for implicating him in a false case. It was disposed of by a coordinate Bench in October, 2015.

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