RITA SINGH v. THE STATE NCT OF DELHI AND ORS

Judgment

2. Exemption is granted, subject to all just exceptions. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

Accordingly, the application stands disposed of. W.P.(CRL) 990/2025

4. The present petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (formerly Section 482 of the Code of Criminal Procedure, 19732) 1 “BNSS” 2 “Cr.P.C.” W.P.(CRL) 990/2025 Page 1 of 8 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:02:38 seeks the following prayers: “a) Direct the respondent no.1 to initiate inquiry and take appropriate action on the complaint dated 11.03.2025 lodged with respondent no.2 as per law in the interest of justice. Respondent no.3 may be directed to provide proper protection to the petitioner so that she may lead a peaceful life. b) Pass any other or further orders as this Hon’ble Court may deem fit and proper in the given facts and circumstances of the case.”

5. The Petitioner alleges that she had been receiving unsolicited phone calls and messages from a police officer, inquiring about a person with no relation to her. The said officer also purportedly visited her residence, seeking information. Initially, the Petitioner ignored these requests; however, she later grew concerned about her safety. On 11th March, 2025, the Petitioner filed a complaint with the SHO, P.S. Sultanpuri, detailing an incident that occurred on 10th March, 2025. According to the complaint, the Petitioner received a call from a neighbour of her son’s in-laws in Sultanpuri, Delhi, informing her that a raid was taking place at House No. 13, E-4. Upon arriving at the location, the Petitioner found the house locked from the inside, with police officers standing outside. The complaint further alleges that the police officers used offensive language and threatened her, stating she would learn a lesson only when put behind bars. Fearing for her safety, the Petitioner filed the complaint, requesting security for herself and her children, and accused the police officers of threatening to implicate her in false cases and conducting a raid at her residence, potentially planting psychotropic substances.

6. The Petitioner submits that despite her complaint, no action was taken by the police regarding her request for security. Concerned for her life and safety, she has approached this Court, seeking the relief mentioned in her W.P.(CRL) 990/2025 Page 2 of 8 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:02:38 prayers.

7. Considering the above, this Court, vide order dated 27th March, 2025, had called for a status report from the Respondent. The status report submitted by the Respondent presents a version of events that significantly differs from the one narrated by the Petitioner. The Court finds it pertinent to record the contents of the status report, which reads as follows: “1. It is submitted that the captioned application has been moved by the applicant Rita in order to direct respondent no. 01 i.e. State through SHO/PS Mangolpuri to initiate inquiry and take appropriate action on the complaint dated 11.03.2025 lodged with respondent no. 02 i.e. SHO/PS Sultanpuri. In the above mentioned complaint, the applicant Rita stated that on 10.03.2025 she went to the spot i.e. E-4/13 Sultanpuri where the raid was being conducted by Delhi Police and now the applicant is terrified from the incident as Delhi police may implicate her, her son or her daughter-in-law in false case. Hence she moved an application praying to direct SHO/Mangolpuri to provide proper protection. 2. It is further submitted that on 10/03/2025, a secret information was received at Anti Narco Squad Outer Distt., wherein the informant stated that "a person namely Amit, aged approximately 25-27 years, residing at E-4/13 Sultanpuri, Delhi, along with his mother Kusum, had set up an organized drug operation in the nearby areas of Sultanpuri and Mangolpuri. Numerous CCTV cameras are installed around their house and at the adjoining narrow alley, and iron gates are placed on both sides of the alley. Amit is involved in selling, distributing, and supplying open smack and smack in the knots of polythene with the help of hired labours. The informant further informed that at around 04:30-05:30 PM, Amit would be travelling in his black Mahindra Scorpio DL 8CBA 4642 from Mangolpuri Flyover to his house in Sultanpuri. The informant suggested that a raid could catch Amit with smack/heroin, and Kusum could be arrested at their house with the same contraband.” The said information was lodged and brought to the notice of senior officers and a raid was immediately planned to verify the information. During further proceedings authorization of search under section 41(2) of the NDPS Act was obtained from ACP/Sub-division Sultanpuri. Near the Mangolpuri Flyover area, and after a short wait, team spotted a black Mahindra Scorpio (DL 8CBA 4246) approaching. Team signalled the vehicle to stop and identified the person inside. Person present in the alleged car introduced himself as Ajay, aged 20, from Bulandshahr, UP, and confirmed that he is the maternal cousin of Amit, who is currently at his W.P.(CRL) 990/2025 Page 3 of 8 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:02:38 house in E-4/13 Sultanpuri. His identity was ascertained through the DL shown by him and without wasting time, the team proceeded with Ajay to the E-4/13 Sultanpuri. 3. Upon reaching E-4/13 Sultanpuri, team approached the house from a back alley. Then Ajay was asked to ring the door bell of K-4/13 Sultanpuri Delhi and to get the main gate opened. Considering Kusum's previous conduct and desperate behaviour, and to secure the presence of both Amit and Kusum at the spot, SI Ankur called the remaining team members at the spot and deployed them accordingly inside the house. If it wasn't done so, there was a real possibility that Amit and Kusum might have escaped via the rooftop and destroyed the contraband, as she had done earlier in case FIR no. 416/21 PS Raj Park. The identity of police officials were shown. After verifying the identity of Amit through his ID, for which Amit took a long time searching for it at home, he was asked about Kusum, Amit did not provide any information about her. Then Amit was shown the search warrant for his house i.e E-4/13 Sultanpuri, Delhi and it was also read it out to him. He was also told Amit about the secret information. 4. The paperwork related to Section 50 of the NDPS Act was prepared inside the house. While executing procedure u/s 50 of the NDPS Act, Amit's sister, Cheeku, arrived at the scene along with the present petitioner namely Rita. Cheeku along with others started creating a ruckus, tried to disrupt the proceedings. The local police and SHO/PS Sultanpuri, along with lady staff, were called to the scene, and the situation was eventually controlled. Despite the SHO/PS Sultanpuri being present, Cheeku made a PCR call to put pressure on the police team. Due to her actions, the house's door was locked from inside, and further proceedings was carried out. 5. During the search of the premised 385.53 grams of smack/heroin and 47.09 grams of Tramadol capsules were recovered, which were seized as evidence through seizure memo. After the recovery, Amit pointed out the CCTV cameras installed around the house, claiming they were placed by his mother, Kusum, to monitor the police movement, in case police attempted to catch them during the supply of drugs. He also stated that he as well as his mother watches the live footage on their TV. Amit also showed the iron gates on both sides of the house's adjoining narrow lanes, stating they were installed by his mother, Kusum, to close the gates if police approaches to them. Amit further revealed that two vehicles, a black Mahindra Scorpio (DL 8CBA 4642) and a white Maruti Swift (DL9CBE 1701), were used by him and his mother, Kusum. The FSL team and the e-Sakshay app recorded the videography and photography of the CCTV cameras, gates, and vehicles. Accordingly, a case FIR no 186/2025 U/s 21C/22B NDPS Act and 111 BNS PS Sultanpuri was registered. 6. On 15/3/2025 during further investigation of the spot and adjoining W.P.(CRL) 990/2025 Page 4 of 8 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:02:38 the present applicant. After area in respect of alleged CCTV cameras around the alleged property, the said vehicles were not found there. Upon checking it with records it came to notice that DL 9CBE 1701 is registered in the name of Amit Singh S/o Surender Singh R/o K-949, Mangolpuri Delhi i.e the accused himself. Vehicle Scorpio bearing no. DL 8C BA 4246 was found registered in the name of Vikas @ Saurabh S/o Sulekh Singh R/o K-949 Mangolpuri, son of financial investigation with respect to properties and both vehicles started in the present organized crime. 7. During further course of investigation PC remand of Amit was obtained on 19/3/2025 and on the pointing out of the accused Amit, during his police custody remand, following premises were identified, found belonging to accused Kusum, and searched. Following case property were recovered and seized from these mentioned premises:- • From E4/12 Sultanpuri -one KTM Duke Bike DL8SC 5084 (found registered in the name of Kusum). Seized as case property • From E4/13 Sultanpuri -One mobile belonging to one Gannu who used to work on the directions of Kusum and one I Pad were recovered as well as seized. Same are being looked into for further investigation. Further cash Rs 14353/-, 11 gm gold were also recovered from the said address. • From E4/17 Sultanpuri -NVR related to the cctv cameras (10 sockets) • From E4/16 Sultanpuri -one key of Swift car DL9CBE1701 belonging to accused arrestee Amit and keys/RC of KTM bike. • From E4/57 Sultanpuri Ground Floor- Rs 13,10,435/-, 319 gms Silver and 69 gms Gold and other articles were recovered and seized. • Flat no 148/GF DDA Janta Flats Type B Pocket 3, Sector 2 Rohini (found in the name of Kusum) 8. It is further submitted that during the PC remand of Amit he also told that his mother Kusum gave Rs 20 lacs in cash to his brother-in-law namely Vikas @ Saurabh S/o Sulekh Singh R/o K-949 Mangolpuri Delhi to purchase the said vehicle, who further helped them in buying the vehicle despite knowing that it was ill gotten cash amount. Notice U/s 67 NDPS Act was served to Vikas @ Saurabh whose interrogation is yet to be completed as he did not produce the documents regarding the mode of payment in buying the above mentioned car, though produced the said vehicle. On 27/3/25, the said vehicle was also taken into police possession. 9. Recently in STATE Vs. SATBIR FIR no. 76 /2024 P.S. Chhawla, charges have been framed against Kusum for the offence punishable under Section under Section 8/21/31 NDPS and 77 of JJ Act and against accused Satbir for the offence under section 8/21 NDPS Act vide order dated 21.10.2024. Besides these recent cases, Kusum is also involved in the following cases of NDPS Act:- Case FIR No. Sections and Act Police Station W.P.(CRL) 990/2025 Page 5 of 8 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:02:38 U/s 21/29 NDPS Act PS Railways U/s 21/29/61/85 NDPS Act PS Crime U/s 21/61/85 NDPS Act PS Crime U/s 325/341/34 IPC Rohini Court U/s 21/29 NDPS Act PS Sultanpuri U/s 452/363/34 IPC Act PS Sultanpuri U/s 135 E.Act Rohini Court U/s 21 NDPS Act PS Crime U/s 21/61/85 NDPS Act PS Sultanpuri - PS Sultanpuri U/s 21B(ii) NDPS Act PS Sultanpuri U/s 08/21/29 NDPS Act PS Chawla U/s 21/25/29 NDPS Act PS Bawana U/s 21A NDPS Act PS Sultanpuri U/s 21 NDPS Act PS Railways

10. It is further submitted that the applicant Rita has following previous involvements which are as follows :- Case FIR No. Sections and Act Police Station U/s 12/09/55 G.Act U/s 03/04/55 G.Act PS Mangolpuri PS Mangolpuri U/s 12/09/55 G.Act PS Mangolpuri W.P.(CRL) 990/2025 Page 6 of 8 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:02:38 U/s 12/09/55 G.Act PS Mangolpuri U/s 12/09/55 G.Act PS Mangolpuri U/s 12/09/55 G.Act PS Mangolpuri Further investigation in the case is still ongoing and is at nascent That the protection petition has been in order to cause hindrance

11. stage. 12. in ongoing FIR against the petitioner.”

8. The status report submitted by the Respondent makes it abundantly clear that, on 10th March, 2025, the investigating authorities were conducting a raid at E-4/13, Sultanpuri, Delhi. The said raid was based on confidential information received by the Anti-Narco Squad, regarding the involvement of one Amit, a resident of E-4/13 Sultanpuri, Delhi, in the illegal sale, distribution, and supply of contraband substances. While the authorities were carrying out the procedure under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Petitioner arrived at the location and began causing ruckus, attempting to disrupt the ongoing proceedings. In light of this situation, the local police, along with the SHO/PS Sultanpuri and female staff, were called to the scene, and the situation was eventually brought under control. Therefore, it is evident that the Respondent police officers were performing their official duties on 10th March, 2025, and the incident as described by the Petitioner in her complaint is entirely without merit.

9. The status report further reveals that the Petitioner has been convicted in five out of six cases, all of which were filed under the provisions of the Gambling Act.

10. In light of the foregoing, it is abundantly clear that the Petitioner’s W.P.(CRL) 990/2025 Page 7 of 8 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:02:38 actions in filing the complaint before the police authorities and the present petition seeking directions against the police officials, constitute a blatant misuse of the process of law. The Petitioner’s allegations, as outlined in her complaint, have been refuted by the status report submitted by the Respondent, which reveals that the police were lawfully carrying out their duties in response to an operation under the NDPS Act, and not engaging in any wrongful or threatening conduct towards the Petitioner. Moreover, the Petitioner’s criminal background, with multiple convictions under the Gambling Act, further undermines the credibility of her claims. The Petitioner is evidently exploiting the legal system by invoking the jurisdiction of this Court on misconceived and unfounded grounds.

11. In light of the above discussion, the Court finds absolutely no merit in the present petition, and accordingly, it is dismissed. APRIL 9, 2025/ab SANJEEV NARULA, J W.P.(CRL) 990/2025 Page 8 of 8 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:02:38