US tourist detention, injury in NDPS case:HC orders CBI probe
Shimla, July 14 -- Himachal Pradesh high court on Monday ordered a Central Bureau of Investigation (CBI) probe into allegations that police framed a US tourist and his associates in a narcotics case, mandating the inquiry into the petitioners' detention and the circumstances causing the tourist's serious injuries.
Jamyang Tsering, who is an acclaimed chef in New York, had moved the HC seeking quashing of the FIR under an NDPS case, against him and his two associates, in Bhuntar police station.
"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 entry in the case diary also mentions that the e-sakshya app was not functioning, and recording was not carried out. 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 in the circumstances surrounding the injury to petitioner and the apprehension of the petitioners," ruled justice Rakesh Kainthla, on Monday while adding, "CBI is directed to investigate the present matter surrounding the apprehension of the petitioners and injury to petitioner."
Declining to quash the FIR, HC said, "...the FIR cannot be quashed at this stage on the ground that the allegations of the FIR are false. It was submitted that there were procedural violations, and the petitioners were kept on the spot for about 7 hours. Petitioner no.1 (Jamyang) was injured in the accident caused by a Tempo Traveller. These allegations require proof, but they cannot be used for quashing the FIR. Any procedural illegality committed by the police will not absolve the petitioners of their liability for the possession of the charas."
Advocate Nishant Sharma, appearing for petitioners, said, "Tsering after being detained had made first call to an IGP level officer and pointed out procedural lapses. The CBI will now be investigating how Tsering was injured but also the role of the police personnel and circumstances in which the 'charas was planted'."
According to the petitioners, Tsering, a renowned chef in New York, had arrived in India from the United States in late January 2026. On February 22, he was travelling to McLeodganj with two companions after exploring potential business opportunities in Manali and Kasol, when their vehicle was intercepted by police. He was visiting India to set up a hotel.
The petitioners alleged that police officials demanded a bag containing Rs.4 lakh in cash and after they refused to hand it over, forcibly entered the vehicle, planted 28 grams of charas in their belongings and illegally detained them.
They further claimed they were subjected to intimidation for several hours without access to food, drinking water or washroom facilities.
The petition also alleged that during the incident Tsering was pushed onto the road by police personnel and was subsequently hit by a passing vehicle, suffering grievous injuries that required hospitalisation.
The police, however, maintained that 28 grams of charas and Rs.4 lakh in cash were recovered from the vehicle in accordance with law in the presence of independent witnesses. They contended that Tsering was struck by a speeding tempo traveller while search proceedings were underway....
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