Petitioner challenged an investigation under the NDPS Act seeking transfer of authority. Court imposed sugary assurance from Public Prosecutor and directed submission of representation within seven days before further inquiry.
Directed submission of representation within seven days to be considered before completing investigation.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 4700/2018
Moti Lal @ Madhu S/o Sh. Sahab Ram, Aged About 30 Years, By Caste Kumar, Resident Of 11 Cdr Naiwala, Tehsil Tibbi, District Hanumangarh. (At Present Lodged In District Jail, Hanumangarh)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. DS Gharsana For Respondent(s) : Mr. VS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/01/2019
Learned counsel for the petitioner has preferred this petition claiming following reliefs:-
“It is, therefore, most humbly prayed that this Misc. petition may kindly be allowed and the respondent authorities may kindly be directed to conduct fair investigation not below the rank of Additional S.P. of the Hanumangarh District or any adjourning district in FIR NO. 0316/2018 Police Station Tibbi, District Hanumangarh for the offence u/s 8/21, 21,22 & 25 NDPS Act, 1985.”
Learned counsel for the petitioner has vehemently submitted that if the proper call details are taken and proper evidence is
(2 of 2)
[CRLMP-4700/2018]
taken from the concerned persons then the innocence of the petitioner will automatically be established. He further submits that if the proper investigation is made then the allegations against the petitioner shall fall flat.
Learned Public Prosecutor assures that if the petitioner submits a representation within seven days then it shall be taken into consideration before the investigation is completed by the respondents.
On such assurance given by the learned Public Prosecutor, the present petition is disposed of with the direction to the petitioner that he may submit his representation within the period of seven days from today and the same shall be taken into consideration as per the assurance given by the learned PP before completing investigation.
(PUSHPENDRA SINGH BHATI),J
ns./86-/-
1 issue framed by the court
Whether the petitioner is entitled to a fair investigation conducted by an Additional S.P. superior to the current officer in charge for offences under the NDPS Act.
1 provisions across 1 enactments
Moti Lal @ Madhu
State
Inspector General Of Police, Bikaner Range
Superintendent Of Police, Hanumangarh
Chandrabhan Sub Inspector, Sho Police Station Talwara
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
