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Submissions of learned Amicus Curiae

5. Learned counsel Mr. Arshdeep Singh Cheema, Advocate appearing as Amicus Curiae in this case while referring to the status report dated 27.11.2024 submits that the conduct of the concerned investigating officer is questionable as in two more similar cases, in which the FIRs were registered, salt Acetaminophen (Paracetamol) was found in the alleged recoveries.

5.1 He has argued that it could not be ignored that the petitioner is well educated and only 36 years old and he would be burdened with the sword of registration of the present FIR under the serious offences of NDPS Act for the rest of his life. His employment prospects and other avenues would be effected by his involvement in the instant FIR, even though, he had been discharged by a Court of competent jurisdiction.

6. Heard the rival submissions made by learned counsel for the parties and learned Amicus Curiae.

7. On 13.09.2024, the learned State counsel placed on record a copy of the FSL Report dated 21.08.2024, which was received by the office of the Senior Superintendent of Police on 31.08.2024, wherein it was stated that the samples received contained salt Acetaminophen (Paracetamol). Relevant extract of report reads as under:-

"The capsules contained in the envelope under reference have been analyzed separately by chemical, YLC and instrumental analysis. On the basis of analysis, Acetaminophen (Paracetamol) has been found present in the capsules contained in the envelope."

7.1. After considering the FSL report dated 21.08.2024 in which it had been observed that the recovered capsules contained salt Acetaminophen (Paracetamol), the petitioner was released on regular bail by this Court vide 7 of 12 Neutral Citation No:=2024:PHHC:160975 order dated 13.09.2024 after undergoing an actual custody of 02 months and 15 days. Further vide same order, the Director General of Police, Punjab was directed to look into the matter and file a status report in the form of an affidavit detailing the proposed action to be taken against the concerned delinquent police officials who registered the FIR against the petitioner and the Senior Superintendent of Police, Kapurthala was also directed to be present in this Court on the next date of hearing.

"That from all the circumstances, technical evidence, documentary evidence, statement of police party, statement of independent individuals, calls details etc. it has transpired that investigation officer SI-Rajinder Singh registered the FIR as per the recovery and circumstances and in compliance with the provisions of NDPS Act, the said FIR was registered and further any malafide intention of any of the police personnel in the registration of FIR could not be established. There is a delay in the submission of the cancellation report and a departmental inquiry has already been initated by the SSP, Kapurthala vide order No.1902- 06/Pending miscellaneous application(s), if any, also stands disposed of. Dated 18.09.2024 against SI-Rajinder Singh. In fact, after receiving the FSL report and report of the panel of the doctors, which stated that paracetamol does not come under the purview of NDPS Act, the cancellation report was submitted before the learned Court and the same was accepted by the learned Court in due course of law. The present report is submitted for perusal and further action."