CRM-M-33106 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 119 Rakesh Gupta State of Punjab and others CORAM: HON'BLE MRS. Present:- MANISHA BATRA, J. 1. Section 528 of of investigation of FIR No. 56 dated 04.04.2025, registered under Sections 22 and 29 of the (for short ‘NDPS Act’) investigating agency or to some senior police officer. 2. been falsely implicated in this case. He is the resident of District Sonipat, Haryana and while effecting his arrest, the proper procedure as in law was not followed. Several representations have been made to the Senior Superintendent of Police, Khanna seeking fair investigation in the matter but no action has been taken so far. multiple chronic and ser 33106-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Rakesh Gupta Versus Punjab and others CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Ms. Kamaldeep Kaur, Advocate for the petitioner. Ms. Himani Arora, AAG, Punjab. MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha of investigation of FIR No. 56 dated 04.04.2025, registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station City igating agency or to some senior police officer. Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. He is the resident of District Sonipat, Haryana and while effecting his arrest, the proper procedure as in law was not followed. Several representations have been made to the Senior Superintendent of Police, Khanna seeking fair investigation in the matter but no action has been taken so far. multiple chronic and serious health conditions. -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33106-2025 (O&M) Date of decision: 08.07.2025 ...Petitioner ...Respondents JUSTICE MANISHA BATRA Ms. Kamaldeep Kaur, Advocate Ms. Himani Arora, AAG, Punjab. The instant petition has been filed by the petitioner under Bharatiya Nagarik Suraksha Sanhita, 2023 seeking transfer of investigation of FIR No. 56 dated 04.04.2025, registered under Sections Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station City-2, Khanna to an independent igating agency or to some senior police officer. Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. He is the resident of District Sonipat, Haryana and while effecting his arrest, the proper procedure as laid down in law was not followed. Several representations have been made to the Senior Superintendent of Police, Khanna seeking fair investigation in the matter but no action has been taken so far. The petitioner is suffering from ious health conditions. Hence, the present petition 2025 (O&M) 08.07.2025 s The instant petition has been filed by the petitioner under seeking transfer of investigation of FIR No. 56 dated 04.04.2025, registered under Sections Narcotic Drugs and Psychotropic Substances Act, 1985 2, Khanna to an independent Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. He is the resident of District Sonipat, laid down in law was not followed. Several representations have been made to the Senior Superintendent of Police, Khanna seeking fair investigation in the from Hence, the present petition MOHAMMAD WASEEM ANSARI 2025.07.09 09:03 I attest to the accuracy and integrity of this document CRM-M-33106 deserves to be allowed and the investigation of the aforementioned FIR be either transferred to an independent investigating agency or to some senior police officer. 3. 4. the petition and is ready to argue the matter, has submitted that one Ajmer Singh was apprehended by a police party on 04.04.2025 and recovery of 1200 intoxica has been named and arrested in this case in pursuance of the disclosure statement suffered by co proper procedure was followed and the investigation in the case is being conducted in a proper, petition is based on false and frivolous allegations, its outright dismissal is prayed for. 5. length and have also gone through the record 6. has been registered on 04.04.2025 as co be in possession of 1200 intoxicating tablets. The petitioner has been nominated in this case on the basis Subsequently, his arrest was effected by the police concerned. the entire petition, nowhere reveals as to how the investigation being conducted by the police is unfair, biased or prejudiced, which calls for transfer of the investigation. photocopies of some medical records. However, medical condition of an 33106-2025 (O&M) deserves to be allowed and the investigation of the aforementioned FIR be either transferred to an independent investigating agency or to some senior police officer. Notice of motion. Ms. Himani Arora, AAG, Punjab, who has advance notice of the petition and is ready to argue the matter, has submitted that one Ajmer Singh was apprehended by a police party on 04.04.2025 and recovery of 1200 intoxicating tablets of Lomotil was effected from him. has been named and arrested in this case in pursuance of the disclosure statement suffered by co-accused Ajmer Singh. proper procedure was followed and the investigation in the case is being conducted in a proper, fair and impartial manner. While submitting that the petition is based on false and frivolous allegations, its outright dismissal is prayed for. I have heard learned counsel for the parties at considerable length and have also gone through the record A perusal of the record reveals that the aforementioned FIR has been registered on 04.04.2025 as co-accused Ajmer Singh was found to be in possession of 1200 intoxicating tablets. The petitioner has been nominated in this case on the basis Subsequently, his arrest was effected by the police concerned. the entire petition, nowhere reveals as to how the investigation being conducted by the police is unfair, biased or prejudiced, which calls for r of the investigation. The petitioner has placed on record photocopies of some medical records. However, medical condition of an -2- deserves to be allowed and the investigation of the aforementioned FIR be either transferred to an independent investigating agency or to some senior Arora, AAG, Punjab, who has advance notice of the petition and is ready to argue the matter, has submitted that one Ajmer Singh was apprehended by a police party on 04.04.2025 and recovery of was effected from him. The petitioner has been named and arrested in this case in pursuance of the disclosure accused Ajmer Singh. While effecting his arrest, proper procedure was followed and the investigation in the case is being fair and impartial manner. While submitting that the petition is based on false and frivolous allegations, its outright dismissal is I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. A perusal of the record reveals that the aforementioned FIR accused Ajmer Singh was found to be in possession of 1200 intoxicating tablets. The petitioner has been nominated in this case on the basis of his disclosure statement. Subsequently, his arrest was effected by the police concerned. A perusal of the entire petition, nowhere reveals as to how the investigation being conducted by the police is unfair, biased or prejudiced, which calls for The petitioner has placed on record photocopies of some medical records. However, medical condition of an deserves to be allowed and the investigation of the aforementioned FIR be either transferred to an independent investigating agency or to some senior Arora, AAG, Punjab, who has advance notice of the petition and is ready to argue the matter, has submitted that one Ajmer Singh was apprehended by a police party on 04.04.2025 and recovery of The petitioner has been named and arrested in this case in pursuance of the disclosure While effecting his arrest, proper procedure was followed and the investigation in the case is being fair and impartial manner. While submitting that the petition is based on false and frivolous allegations, its outright dismissal is I have heard learned counsel for the parties at considerable A perusal of the record reveals that the aforementioned FIR accused Ajmer Singh was found to be in possession of 1200 intoxicating tablets. The petitioner has been of his disclosure statement. A perusal of the entire petition, nowhere reveals as to how the investigation being conducted by the police is unfair, biased or prejudiced, which calls for The petitioner has placed on record photocopies of some medical records. However, medical condition of an MOHAMMAD WASEEM ANSARI 2025.07.09 09:03 I attest to the accuracy and integrity of this document CRM-M-33106 accused cannot be made a ground to seek transfer of investigation. Accordingly, finding no merit in the petition, the same is without any prejudice to his right of defence. 08.07.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 33106-2025 (O&M) accused cannot be made a ground to seek transfer of investigation. Accordingly, finding no merit in the petition, the same is without any prejudice to his right of defence. 08.07.2025 Whether speaking/reasoned Whether reportable -3- accused cannot be made a ground to seek transfer of investigation. Accordingly, finding no merit in the petition, the same is hereby dismissed, without any prejudice to his right of defence. (MANISHA BATRA) JUDGE Yes/No Yes/No accused cannot be made a ground to seek transfer of investigation. hereby dismissed, (MANISHA BATRA) MOHAMMAD WASEEM ANSARI 2025.07.09 09:03 I attest to the accuracy and integrity of this document