Disposed

Dipak Kumar v. the Union of India through Its Sr. I.O., Directorate of Revenue, Intelligence, Regional Unit Patna

Patna HC26 Jul 2021CR. WJC/587/2021

Case brief

AI extract

What is this about?

Petitioner challenged the investigation into his implication in a narcotics case under Section 22 and 23 of NDPS Act, seeking direction for fair inquiry and stay of arrest. Court held that police investigation is plenary, no interference is permissible at this stage. Disposed petition with an observation to ensure correct lines of investigation and consideration of facts before blaming any person.

What did the court decide?

No positive order or stay granted. Petition disposed with observation for correct investigation procedure.

Dipak Kumar Vs the Union of India through Its Sr. I.O… — Narcotics (NDPS) | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.587 of 2021

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Arising Out of PS. Case No.-6 Year-2017 Thana- MAHNAR District- Vaishali

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======================================================

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DIPAK KUMAR, S/O PRAMOD SAH R/O VILLAGE-ASRAFPUR SUPAUL, P.S-PATORI, DISTRICT-SAMASTIPUR.

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... ... Petitioner/s

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Versus

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THE UNION OF INDIA THROUGH ITS SR. I.O., DIRECTORATE OF REVENUE, INTELLIGENCE, REGIONAL UNIT PATNA PATNA.

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THE STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. PATNA.

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THE SUPERINTENDENT OF POLICE, VAISHALI. VAISHALI.

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ABHAY KUMAR, S.H.O., MAHNAR P.S., DISTRICT-VAISHALI. VAISHALI.

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ALOK KUMAR, INVESTIGATING OFFICER, MAHNAR P.S., DISTRICT-VAISHALI. VAISHALI.

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UMESH RAI S/O KAMESHWAR RAI R/O VILLAGE-MAHIPUR, P.S.JANDAHA, DISTRICT-VAISHALI.

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MINTU SINGH S/O LATE MADAN SINGH R/O VILLAGE AND P.OVASUDEOPUR CHANDEL, P.S-MAHNAR, DISTRICT-VAISHALI.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Gopal Bohra For the Respondent/s : Mr. K.N.Singh (A.D.S.G) ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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3 26-07-2021 Heard Mr. Rajesh Kumar Singh, learned senior

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Advocate for the petitioner and learned counsel for the Union of India as well as the State.

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The petitioner has sought a direction to the

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respondents for conducting fair and proper investigation

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with respect to the complicity of the petitioner in

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Patna High Court CR. WJC No.587 of 2021(3) dt.26-07-2021 2/4

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connection with Mahnar P. S. Case No. 6 of 2017 which has been instituted for offences under Section 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act,

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1985 on the basis of a written report of one Mintu Singh.

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The learned counsel for the petitioner has submitted that for no apparent good reason, the gaze of the investigation has been pointed towards the petitioner. The vehicle from which recovery is said to have been made perhaps was a stolen property which later was claimed to have been purchased by a person who is physically challenged. Since the petitioner happens to be the son of the aforesaid person, he is also sought to be implicated in this case.

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These are grounds for the petitioner to explain before the investigating agency that he is not concerned with the offence. It is expected of any investigating agency to look into the entire set of facts in a dispassionate manner and in correct perspective and

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Patna High Court CR. WJC No.587 of 2021(3) dt.26-07-2021 3/4

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come to a right conclusion.

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Assuming but not admitting the fact that every

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statement made by the petitioner in this petition is correct, the occasion has not come for this Court to make any interference with respect to the investigation of the case. As noted above, the power to investigate with the police is plenary. No interference can be made in such investigation. In case the petitioner finds that his implication in this case is without any merit, he has other legal avenues to agitate his claim.

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However, approaching to this Court at this point of time with a prayer for a direction to the investing agency to conduct the case properly and restrain the police from arresting him, is not justified.

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This Court does not find any good ground to

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pass any positive order except for observing that the investigation of this case ought to proceed on correct lines and all necessary input of facts be taken into account before putting the blame on any person, much

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Patna High Court CR. WJC No.587 of 2021(3) dt.26-07-2021 4/4

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less the petitioner.

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With the aforesaid observation / direction, this

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petition stands disposed off.

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(Ashutosh Kumar, J)

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skm/-

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U T

Dipak Kumar v. the Union of India through Its Sr. I.O., Directorate of Revenue, Intelligence, Regional Unit Patna

Case brief

What is this about?

What did the court decide?

Dipak Kumar v. the Union of India through Its Sr. I.O., Directorate of Revenue, Intelligence, Regional Unit Patna

Case brief

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What did the court decide?

What the court decided

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