Ganesh Khanna v. State Of Punjab And Others










 









  Date of decision: 11.07.2025 Ganesh Khanna

...Petitioner

VERSUS

State of Punjab and Ors.

...Respondents

CORAM : HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present:

Mr. Vaibhav Sehgal, Advocate for the petitioner.




  



 


Prayer in the instant petition filed under Section 528 of BNSS, 2023, is for issuance of directions to respondent No.2 and 3 to ensure free, fair and impartial investigation in case FIR No.77 dated 07.04.2025, registered under Section 18(b) of NDPS Act, 1985 at PS Lambi District, Shri Muktsar Sahib, as the petitioner has been nominated in the above FIR on the basis of general diary No.18 dated 12.04.2025, with further prayer to decide the representation dated 14.05.2025 (Annexure P-5). It is the case of the petitioner that an FIR No.77 dated 07.04.2025 under Sections 18(b), 29/61 of NDPS Act, was registered at PS Lambi, District Sri Muktsar Sahib, against Shataan Singh son of Shiv Ram resident of village Mandeta, Police Station Harmada, Jaipur, Rajasthan. During the investigation of the case, said Shataan Singh made a disclosure

statement on the basis of which, the present petitioner was nominated on 12.04.2025 and was arrested by Police arrested on 13.04.2025, whereas the petitioner was at Ludhiana on 06.04.2025 and was illegally arrested from his residence at Ludhiana which is evident from the photographs taken from the CCTV footage of the cameras installed at the house of the petitioner. In fact the petitioner is working as a car dealer and deals in purchase and sale of second hand cars and sold one car to accused Shataan Singh. After the said sale, certain issues with regard to original documents of the car cropped up due to which the accused Shataan Singh was nursing a grudge against the petitioner.

Learned counsel for the petitioners has contended that the petitioner has no connection with the alleged offence and has been falsely implicated in the instant case on the basis of disclosure statement of Shataan Singh. It is further submitted that the petitioner had filed various representations including the representation dated 14.05.2025 (Annexure P5) before respondent No.2, but till date no action has been taken. During the course of arguments, learned counsel for the petitioner has stated that the petitioners would be satisfied, in case, the pending representation dated 14.05.2025 (Annexure P-2) is decided by respondent No.2.

Notice of motion.

Ms. Gagandeep Kaur, DAG, Punjab, accepts notice and submitted that she has no objection if the aforesaid representation dated 14.05.2025 (Annexure P-2) is decided.

In view of the above, the petition is disposed of with a direction to respondent No.2-the Superintendent of Police, Sri Muktsar Sahib, to look into the representation dated 14.05.2025 (Annexure P-2), at the earliest

and to take necessary steps, if any required, in accordance with law. Disposed of.

11.07.2025 (SUKHVINDER KAUR) jyoti3 JUDGE