Crl. Misc No. M 2005 of 2011(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : November 03, 2011 1. Crl. Misc No. M 2005 of 2011(O&M) Nirmal Singh vs State of Punjab and others, 2. Crl. Misc No. M No.12224 of 2011(O&M) Lakhwinder Singh @ Lakha, v State of Punjab, *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Harkeerat Singh, Advocate for the petitioner in Crl. Misc No. M 2005 of 2011. Mr. Yogesh Goel, Advocate for the petitioner in Crl. Misc No. M 12224 of 2011. Mr. S.S.Gill, DAG Punjab Mr. BPS Dhaliwal, Advocate for respondents No.5 & 6 in Crl. Misc No. M 2005 of 2011. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This order shall dispose of Crl. Misc Nos. M 2005 and 12224 of 2011, as both these petitions arise from the same FIR. The petitioners seek grant of regular bail in case FIR No. 34, dated 14.5.2010, registered under Sections 18/61/85 of the NDPS Act, at Police Station Koom Kalan, District Ludhiana. On 26.8.2011, the following order was passed :- “ In Crl. Misc No. M 2005 of 2011, prayer has been Crl. Misc No. M 2005 of 2011(O&M) ::2:: made to conduct an inquiry against respondents No.5 to 7, who are alleged to have got a false case bearing FIR No.34, dated 14.5.2010 under Sections 18, 61, 85 of the NDPS Act registered against the son of the petitioner therein with the allegations that respondents No.5 and 6 are brother-in-law and father-in-law who inflicted injuries on their son-in-law (son of the petitioner therein) on 12.5.2010 and when the son of the petitioner went to the police station to lodge a complaint against them, he was detained in the police station and false recovery of 3.1/2 kgs of opium was planted on him and the above mentioned FIR was registered against him. In Crl. Misc No. M 12224 of 2011, the petitioner has sought bail pending trial in the aforesaid said case/FIR. Counsel for the respondent has argued that in both the cases the fall-out can be very serious because either the person who had gone to make a complaint has been foisted with a serious case where his brother-in-law was a chance witness, or a false medical record has been created just to dis-credit a genuine recovery. In the opinion of this Court, in either situation the role of the government officers is extremely suspicious. In the circumstances, even while granting two weeks' time to the respondent-State of Punjab to file a composite reply, it is also directed that the Director General of Police, Punjab shall forward a list of 5 senior officers of the rank of DIG and above so that one of them can be nominated to make a thorough inquiry, in case the reply does not satisfy the conscience of this Court. Adjourned to 16.9.2011. Copy of this order be given dasti to counsel for the respondent under the signatures of the Court Secretary. Registry is directed to place a photo copy of this order in the connected file.” Thereafter, affidavit of the Assistant Commissioner of Police, Sahnewal, Ludhiana was filed wherein five names were mentioned. Though the said affidavit does try to explain the singularities pointed out in the last order, yet in the considered opinion of this Court, the matter needs thorough re-investigation. Learned counsel for the parties have agreed that Smt. Shashi Prabha Divedi, IPS, mentioned at Sr. No.4 of the said affidavit, is nominated to make a thorough inquiry into the matter. Crl. Misc No. M 2005 of 2011(O&M) ::3:: I find it to be a fair request. Consequently, Smt. Shashi Prabha Divedi, IPS is directed to make a thorough investigation into the matter and file her report within two months before the learned trial Court. Till the filing of the report, the petitioner is allowed conditional bail. The trial Court will take an independent decision on the continuance or otherwise of the bail on the receipt of the report. Petitions stand disposed of. Copy of this order be given dasti to counsel for the State of Punjab for its onward transmission, under the signatures of the Court Secretary. ( AJAY TEWARI ) November 03, 2011. JUDGE `kk'