Shimla:
In a significant judicial intervention raising questions over police procedure and accountability, the Himachal Pradesh High Court has directed the Central Bureau of Investigation (CBI) to conduct an independent probe into the circumstances surrounding the arrest of Tibetan-American chef Jamyang Tsering in a narcotics case, as well as the serious injuries he sustained during the police operation.
The court, however, declined to quash the First Information Report (FIR) registered against Tsering under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, holding that the allegations of procedural lapses and false implication can only be determined after a thorough investigation and examination of evidence.
The order was passed by Justice Rakesh Kainthla, who observed that several crucial aspects of the police investigation remained unexplained in the official case diary. The court noted that the available records failed to satisfactorily clarify why the petitioners were allegedly kept at the spot for several hours—from approximately 6:50 pm until 1:30 am—or how Tsering sustained the serious injuries that later required medical treatment.
Emphasising the need for an impartial inquiry, the High Court held that the unanswered questions surrounding the police operation warranted an independent investigation by the country’s premier investigative agency to ensure public confidence in the criminal justice system.
According to the petition filed before the court, Jamyang Tsering, a United States citizen of Tibetan origin and a well-known chef, travelled to India in late January 2026 along with two associates. The group had reportedly been exploring business opportunities in Himachal Pradesh, including the possibility of establishing a hospitality venture in the region. After visiting Manali and Kasol, they were travelling towards McLeod Ganj when their vehicle was intercepted by police on February 22.
The petitioners alleged that police personnel demanded a bag containing ₹4 lakh in cash. They claimed that after refusing the demand, officers forcibly entered the vehicle, planted approximately 28 grams of charas among their belongings and subsequently registered a false narcotics case against them.
The petition further alleged that the three men were unlawfully detained for several hours without access to food, drinking water or toilet facilities. It also accused police personnel of physically assaulting Tsering during the operation. According to the petition, he was allegedly pushed onto the road, where he was struck by a passing tempo traveller, resulting in severe injuries that required hospitalisation.
Rejecting these allegations, the Himachal Pradesh Police maintained that the recovery of 28 grams of charas and ₹4 lakh in cash was carried out strictly in accordance with legal procedures and in the presence of independent witnesses. Police further stated that Tsering’s injuries occurred when he was accidentally hit by a speeding tempo traveller during the search operation and denied any wrongdoing on the part of the officers involved.
Appearing for the petitioner, advocate Nishant Sharma argued before the High Court that immediately after being taken into custody, Tsering had contacted a senior police officer of Inspector General rank to report alleged procedural violations during the operation. The petitioner maintained that the circumstances surrounding the arrest, the alleged illegal detention and the injuries suffered by Tsering required an investigation independent of the state police.
While refusing to interfere with the criminal proceedings at this stage, the High Court observed that allegations of procedural irregularities or claims of false implication, even if serious, cannot by themselves justify the cancellation of an FIR before the evidence is fully examined. The court clarified that the merits of the narcotics case would be determined through the legal process, while the separate questions concerning police conduct deserved independent scrutiny.
With the matter now transferred to the CBI, the central agency will investigate the sequence of events leading to the arrest, the conditions under which the petitioners were detained, the allegations of procedural violations, the claims that narcotics were planted in the vehicle, and the circumstances that resulted in Jamyang Tsering sustaining serious injuries.
The High Court’s order is being viewed as an important affirmation of judicial oversight in cases involving allegations of police misconduct. While the NDPS prosecution will continue through the trial process, the independent CBI investigation is expected to examine whether established legal safeguards were followed and whether the rights of the accused were protected during the police operation.
This is a web-generated news report based on court proceedings and publicly available information and has been independently rewritten for originality, editorial clarity and a premium news presentation.
