Palampur (Himachal Pradesh) [India], July 14 (ANI): Advocate Nishant Sharma on Tuesday said the Himachal Pradesh High Court’s order directing a CBI probe into the circumstances surrounding the detention of a US national of Tibetan origin and his associates in a narcotics case was “highly significant”, adding that the investigation will reveal how the police detained them overnight.
“From a legal standpoint, today’s judgment is highly significant because it demonstrates that the High Court’s powers under Section 528 of the BNSS are not restricted merely to quashing an FIR,” Sharma told ANI.
Speaking from the defence perspective, Sharma said their primary submission before the court was that the FIR registered in the case should be quashed.
“The case involves three young entrepreneurs of Tibetan origin; one of them is a US citizen, and all three are businessmen. They intended to make investments here. Jamyang Tsering, the petitioner in today’s hearing, is a prominent chef based in New York who had come here to invest in the tourism sector,” he said.
Sharma said Tsering and his associates were stopped while returning from Manali and alleged that they were kept on the roadside for several hours without formal arrest.
“They were stopped around 6:50 pm, yet by the next morning, no FIR had been registered, nor had they been formally arrested. They were kept on the roadside all night. They have alleged that they were carrying approximately Rs 4 lakh and claim they were neither allowed to step out of their vehicle nor provided with food or access to necessities. And 28 grams of charas were planted on them,” he alleged.
“Now that the investigation is with the CBI, it will be revealed how the police detained them throughout the night,” Sharma added.
He further referred to another FIR related to an incident in which Tsering was allegedly injured after being hit by a minibus.
“FIR number 32 concerns an incident where Jamyang Tsering was struck by a minibus with such force that he lost consciousness. Although Kullu Hospital was very close, the police took him to a smaller facility, where his condition deteriorated further. An ambulance was eventually called to shift him to Kullu,” Sharma said.
He also alleged irregularities after Tsering was granted bail.
“Another disturbing detail emerged the following day when he was granted bail: while two other youths were released, he was formally arrested and produced before the magistrate, with the police seeking his remand. However, the next day, after I presented the facts to the Judicial Magistrate First Class (JMFC), an order for his release was issued, and he was granted bail,” he said.
Sharma alleged that despite a complaint being made to a senior police officer, the accused were detained without following due procedure.
“One would expect a high-ranking officer of IGP rank to instruct that the law be followed and that no illegal actions be taken. Yet, following that call, the individuals were detained on the roadside from 6:50 am until around 2:30 pm without any formal arrest being made,” he alleged.
“At 2:30 pm, he reported being shoved by the police because he refused to pay the money. The police were attempting to get him to sign documents right in the middle of the road,” Sharma added.
Earlier on Monday, the Himachal Pradesh High Court directed the Central Bureau of Investigation (CBI) to investigate the circumstances surrounding the apprehension of Jamyang Tsering, an acclaimed US-based chef, and his associates in the narcotics case, along with the injuries sustained by Tsering during the police operation.
Justice Rakesh Kainthla, while hearing Tsering’s petition, observed that the police case diary did not satisfactorily explain several aspects of the incident and ordered an independent probe.
“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, an independent investigation must be carried out,” the court observed.
However, the High Court declined to quash the FIR registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act at Bhuntar police station, stating 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 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.
The CBI will now conduct an independent investigation into the events leading to the detention of the petitioners, alleged procedural violations by police personnel and the circumstances under which Tsering sustained serious injuries. (ANI)
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