Disposed

Nazar Singh v. State of Punjab and Others

Punjab & Haryana HC17 Sept 2024CRM-M/28947/2024

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana reviewed a transfer petition regarding the unnatural death of an Assistant Sub-Inspector involving suspected drug and alcohol consumption. The court directed the investigator to conclude the inquiry by December 30, 2024, finding no prima facie bias.

What did the court decide?

Directed the Investigator to conclude the inquiry not later than 30.12.2024.

Nazar Singh Vs State of Punjab and Others — Punjab & Haryana HC (2024) — LawSathi Research

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CRM-M-28947-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-28947-2024

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Reserved on: 03.09.2024 Pronounced on: 17.09.2024

Nazar Singh

...Petitioner

Versus

State of Punjab and others …Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Jitender Singh Dadwal, Advocate for the petitioner.

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Mr. Gauravdeep Singh Dhaliwal, A.A.G., Punjab.

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Mr. Akashdeep Singh, Advocate for CBI.

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Station		Sections
118	16.09.2011	City Phagwara,	District Kapurthala,	302 IPC
		Punjab

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Dissatisfied with the ongoing investigation by Punjab Police, the father of Tejinder Singh, who had died an unnatural death on 13.09.2011, had come up before this Court under Section 482 of Code of Criminal Procedure, 1973 (CrPC) seeking transfer of an investigation to CBI.

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I have heard counsel for the parties and gone through the record.

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The facts relating to the unnatural death are being taken from a reply dated 05.08.2024 filed by the concerned DySP, Kapurthala. The petitioner's son, ASI Tejinder Singh, was married and had two children. Before 10.03.2011, his wife and children had gone to her maternal home, and ASI Tejinder Singh was alone at home. The preliminary investigation conducted by SIT concluded that on 09.03.2011, he took permission from the concerned SHO to go home. After that, he took a lady named Kamlesh Rani along with him, and on the way, he also purchased Viagra tablets, a condom pack, and food and went to his official quarter in Police Colony, Model Town. His wife and children were not present at the house on that day. On reaching his quarter, ASI Tejinder Singh consumed Viagra along with alcohol, ate his meal, and slept. K Rani who was keeping him company meanwhile noticed that Tejinder Singh had slept; she made a call to one Nirmala Rani and told her that she had tried to wake up the man, but he was not moving.

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Jyoti Sharma 2024.09.27 10:43 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

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CRM-M-28947-2024

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Nirmala Rani told K Rani that he must have slept under the influence of alcohol, and then she also slept in bed. At 04:30 A.M., K Rani saw froth coming out from the mouth of Tejinder Singh and immediately left the home and went to Nirmala’s house. She did not inform anyone about Tejinder Singh's condition. However, in the morning, the neighbours found him dead, and subsequently, a postmortem was conducted because it was unnatural.

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During the further investigation, SIT had taken further opinion from Senior Medical Officer, Phagwara and the same is referred in paragraph (i) of the status report, which reads as follows:-

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“i. That during the further investigation, it came on record that on 09.03.2011, ASI Tajinder Singh (deceased) had purchased Viagra Tablet from Saini Medicos, Phagwara, which was being run by Devinder Kumar. Thereafter, SIT issued a letter No. 1237-R/SP Phagwara, dated 05.05.2014 to the Senior Medical Officer, Phagwara, seeking his opinion inter alia on the following aspects:-

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i) Whether after taking Viagra tablet, taking of liquor, beer or some intoxicating substance, can lead to death of a person? ii) Whether due the consumption of substances mentioned in serial No.(i) may form choloro compound group of insecticides and ethyl alcohol? iii)Whether due to consumption of substances mentioned in serial No.(i), the body of the person may turn blacklist or bluish, if so, state reason for the same?

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iv) Please disclose the salts of vigara?

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j. That on the basis of aforesaid letter, the Senior Medical Officer, Civil Hospital, Phagwara, constituted a Board of Doctors to give a report regarding the aforesaid aspects of the present FIR (supra). Thereafter, the Medical Report has been received whereby it was stated that:-

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"...1. Consumption of Viagra can cause fall in blood pressure and death. Taking it along with Alcohol can aggravate this effect. Hence the possibility of death after consumption of Viagra along with Alcohol can not be ruled out.

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2. Chlorocompound is a separate group of insecticide. Consumption of Viagra cannot lead to the detection of Chlorocompound and ethyl Alcohol in chemical analysis of a sample. The turning of body blue (cyanosed) is terminal event of all deaths OF INDIA / resulting from oxygen depletion.

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3. Salt of Viagra is sildenafil. Viagra Tb. Salt is sidenafil and it is used as sexual stimulant..."

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Although the medical opinion states that Viagra can cause fall in blood pressure which is exacerbated by consumption of alcohol, leading to death, it is also conclusive regarding the fact that consumption of Viagra cannot lead to formation and detection of any chlorocompound, which is an altogether different and separate insecticide. Further it cannot lead to any detection of ethyl alcohol. These compounds were identified and extracted from the viscera. It is safe to assume at this stage that the presence of these compounds is not answered by mere consumption of Viagra and pertinent question of

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Jyoti Sharma 2024.09.27 10:43 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

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CRM-M-28947-2024

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how death occurred can only be addressed once further investigation is carried out on the aspect that whether the consumption was voluntary and out of own volition or a case of forcible administration. Another relevant issue would be to draw out any attending circumstances that would indicate any intention to commit suicide. Further investigation to adduce all necessary aspects is crucial, only then conclusion regarding administration of substances can be arrived at. It would be appropriate to refer to para ‘k’ as well as para no.10 of the reply, which reads as follows:-

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“k.That on 05.05.2014 the Special Investigation Team (SIT) filed a reply in CRM-M- 22155 of 2013, in compliance with the order passed by this Hon'ble Court. Thereafter during the investigation an application was made before the Ld. Court of Mr. Rupinder Singh, SDJM, Phagwara to conduct Polygraph test of a person named Kamlesh Sharma @ Jyoti who was present with the deceased on the night of his death to know the truth of the matter. She came present before the Ld. Court on 07.07.2015 and her statement to that effect was recorded and the Ld. Court gave its assent to conduct the Polygraph test of Kamlesh Sharma @ Jyoti.

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10. That it is submitted that during further investigation, five witnesses have been joined in the investigation of present case including Kamlesh Sharma @Jyoti who has suffered a statement on 01.08.2024 to the effect that she is unwilling to undergo Narco Analysis test.”

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Per para 11 of the reply, the investigation is ongoing. A perusal of the reply and other evidence does not primafacie point out any apparent biases in the investigation. It be concluded most fairly and impartially. Since the incident is old, the Investigator is directed to conclude the inquiry on topmost priority not later than 30.12.2024.

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The present petition is disposed of for the time being with the direction and time limit mentioned above. Liberty reserved for the petitioner to come to this Court again.

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Petition disposed of .

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(ANOOP CHITKARA) JUDGE

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17.09.2024 Jyoti Sharma

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Whether speaking/reasoned: Yes Whether reportable: No.

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Jyoti Sharma 2024.09.27 10:43 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

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Nazar Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Nazar Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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