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In a significant order, the Himachal Pradesh High Court on Monday directed the Central Bureau of Investigation (CBI) to investigate the circumstances surrounding the apprehension of a US national of Tibetan origin and his associates in a narcotics case, as well as the serious injuries sustained by the tourist during the police operation.
Justice Rakesh Kainthla, while hearing a petition filed by Jamyang Tsering, an acclaimed US-based chef, ordered an independent probe into the incident, observing that the police case diary failed to satisfactorily explain several crucial aspects of the operation. "The case diary maintained by the police does not provide any satisfactory explanation as to why the petitioners were kept on the spot from 6.50 PM till 1.30 AM... The circumstances in which petitioner No.1 was injured are also not properly explained. Therefore, it is necessary that an independent investigation be carried out," the court observed while directing the CBI to investigate the circumstances surrounding the petitioners' apprehension and Tsering's injuries. However, the High Court declined to quash the FIR registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act at Bhuntar police station, holding that allegations of procedural lapses and false implication require evidence and cannot be grounds for quashing the case at this stage. The court observed that any procedural illegality by the police would not automatically absolve the accused of liability if possession of contraband is established during the investigation. According to the petition, Tsering had arrived in India from the United States in late January 2026 and was travelling from Manali and Kasol towards McLeodganj with two associates after exploring business opportunities, including plans to establish a hotel, when their vehicle was intercepted by police on February 22. The petitioners alleged that police officials demanded a bag containing Rs 4 lakh in cash and, after they refused, forcibly entered the vehicle, planted 28 grams of charas in their belongings and illegally detained them for several hours without food, drinking water or access to washroom facilities. They further alleged that during the incident, Tsering was pushed onto the road by police personnel and was subsequently struck by a passing tempo traveller, suffering grievous injuries that required hospitalisation. The Himachal Pradesh Police has denied the allegations, maintaining that 28 grams of charas and Rs 4 lakh in cash were lawfully recovered from the vehicle in the presence of independent witnesses. The police also stated that Tsering sustained injuries after being hit by a speeding tempo traveller while search proceedings were in progress. Appearing for the petitioner, advocate Nishant Sharma submitted that Tsering had contacted an Inspector General of Police-level officer immediately after being detained and complained of procedural violations. He said the CBI investigation would now examine not only the circumstances leading to Tsering's injuries but also the conduct of the police personnel and the allegations that narcotics were planted in the vehicle. The CBI will now conduct an independent investigation into the events leading to the detention of the petitioners, the alleged procedural violations by the police and the circumstances under which Tsering sustained serious injuries. (ANI)
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