Criminal Misc. No.M-15748 of 2008 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-15748 of 2008 Date of decision: 19.2.2009 Raghbir Singh ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.A.S.Kalra , Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Raghbir Singh under Section 482 of the Code of Criminal Procedure (“Cr.P.C. for short) seeking transfer of investigation of the case bearing FIR No. 35 dated 2.3.2008, under Sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short) registered at Police Station Amargarh District Sangrur to some other neighbouring district of police. Learned counsel for the petitioner has submitted that 40 Criminal Misc. No.M-15748 of 2008 2 kgs of poppy husk was kept on the kotha/ tubewell room of the petitioner by Reethu Singh, Satpal Sharma and Bhagwant Singh @ Gona. The police, however, was not investigating the case properly. Learned State counsel has submitted that the petitioner was found innocent in FIR in question. After investigation, it was found that the petitioner had some business differences with Reethu Singh, Satpal Sharma and Bhagwant Singh @ Gona. Now he wanted to settle the score by impleading them in the present case. The investigation of the case was in progress but the name and whereabouts of the accused had not come to the notice of the police. Reethu Singh, Satpal Sharma and Bhagwant Singh @ Gona were found innocent by the police during enquiry. Para Nos. 2 and 3 of the preliminary submissions and para No.8 of the reply filed by the respondents is reproduced herein below:- “2. That after the registration of FIR SI Jasvinder Singh, SHO Police Station Amargarh along with police party came to the motor of Raghbir Singh. When the police party was at some distance from the motor, a person fled away from the spot in the fields. Poppy husk, weighing 40 kgs. Weight and scale were taken into possession in the presence of Raghbir Singh son of Harnek Singh and recovery memo was prepared. The investigation of the case is in progress, but the name and whereabouts of the accused have not been came to the notice of police. Criminal Misc. No.M-15748 of 2008 3 Whenever the whereabouts of the accused will come to the notice of the police, he will be named in the FIR. 3. That from the pleading of the petition, it smells out that the petitioner has business differences with Reethu Singh, Satpal Sharma and Bhagwant Singh and now he intents to get the score settled by implicating them in the present case by putting pressure on the police. 8. That in the reply to the contents of para No.8 of the petition it is submitted that on the application of the petitioner inquiry was got conducted by incharge C.A.I. Staff and DSP (Detective) Sangrur and it has been found that there was grievance between the petitioner and Rithu Singh etc., regarding the business accounts. The petitioner is out to implicate them in the FIR No.35 dated 2.3.2008. The investigation of FIR No.35 dated 2.3.2008 under Section 15 NDPS Act is going on and the efforts are made to find out the original culprit. It is wrong that the behaviour of Inspector or any other inquiry officer towards the petitioner or the witnesses was not proper. All the allegations in the affidavit and in this para are false and baseless. There is no ground to transfer the case to some other district.” Since the petitioner as well as the persons named by him i.e. Reethu Singh, Satpal Sharma and Bhagwant Singh @ Gona Criminal Misc. No.M-15748 of 2008 4 have been found innocent, no further action is called for in this case. This petition is disposed of accordingly. However, it is hoped that the respondents will investigate the FIR in question properly and will take the same to its logical end by arresting of the real culprits. (SABINA) JUDGE February 19, 2009 anita