High Court Notices to policemen on plea of false implication in NDPS case

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The Punjab and Haryana High Court has issued notices to seven Police officials of Police Station, Bhikhi (Mansa), including a Sub Inspector and three ASIs, hearing a Civil Writ Petition filed by a Chemist, alleging implication in a false case that resulted into his detention in police and judicial custody for more than 5 months. The petitioner has sought compensation of Rs.50 lakhs.

The petitioner, Ashok Kumar Jain, a chemist in Bhikhi, in his petition alleged that a false FIR was registered against him by the aforesaid police officials of Police Station, Bhikhi on August 10, 2013 under section 22 of NDPS Act, The recovery of some contrabands was shown to have been effected from him  at a distant place from Bhikhi, while as a matter of fact, the said police officials had taken him in their custody from his chemist shop, and they were caught in CCTV Cameras while taking him into custody.

Jain filed a petition for transferring the investigation from Bhikhi Police to CBI. During the pendency of said petition, investigation was conducted by an SIT set up under SP (Detective), Mansa, which found the police officials guilty and after conducting departmental inquiry, punishment of “forfeiture of 2 years’ permanent service” was imposed upon them. Besides, a cancellation report was also presented by police in the concerned court, which was accepted by the court. However, the respondent- state did not prosecute the police officials. The petition seeking transfer of investigation to CBI was thereupon disposed of as infructuous on May 19, 2015.

The petitioner has filed the civil writ petition, seeking compensation of Rs.50 lakhs, for the mental agony, detention in police and judicial custody for more than 5 months, loss to his reputation and business. He has also demanded prosecution of the respondent police officials in court of law for filing a false case against him. He has also prayed for grant of protection qua the respondent police officials stating that they had turned vindictive and might cause any harm to him.

Justice Rakesh Jain of the Punjab and Haryana High Court issued notices to State of Punjab, SSP Mansa and 7 police officials who included Gurdarshan Singh, SHO, and 3 ASIs (Bhagwant Singh, Jaswant Singh, Balvir Singh), Sukhwinder Singh, Head Constable, and two Constables (Karnail Singh and Gurdev Singh) of Bhikhi Police Station for March 18, 2016.

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