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TThey won’t torture but they might keep him for interrogation for longer hours, threatening him with dire consequences or make him uncomfortable during interrogation etc. but not more than that. They’re usually courteous to government servants, if your father is one.
They definitely won’t demand bribe during the interrogation. These things happen through backchannel, if at all they were to happen.
TDepends on what’s the stage of the case. Has only FIR been registered and investigation is ongoing or chargesheet has been filed?If investigation is ongoing and yet to complete, see how CBI is conducting investigation. Is there an apprehension? What’s the status of co-accused persons, Is he cooperative with investigation etc. If you think he’s likely to be arrested then you can go for anticipatory bail. If he’s arrested then he will get bail from the court. Depending on facts, will get bail before/after filing of chargesheet.
If the chargesheet has been filed and your father hasn’t been arrested yet then he won’t be arrested. Court will easily grant him regular bail.
TThat’s not what I said. It will depend on facts and circumstances of the case. Usually life imprisonment for 409 IPC doesn’t happen but again like I said will depend on facts of the case.TYou asked whether life imprisonment can be awarded, I said yes in case of conviction. However, conviction and sentence are two different things. Sentence will depend on the role, gravity of offence, facts of the case, previous antecedents etc. So just because one has been convicted of 409 IPC doesn’t necessarily mean life imprisonment.TOne can only show it’s innocence during the trial. One either gets discharged/acquitted or convicted. One way of doing it is by showing false implication but the responsibility to prove it will be on you and can be done only during appropriate stage of the trial. Other way is to show improbability/loopholes of the case.TNow that CBI has registered a case, hope bail is not an issue as that becomes your immediate priority in the short term.Coming to merits of the case, can’t make any comments unless one sees the papers. It’ll depend on whether a chargesheet has been filed and is your father one of the accused? Has the court issued summons on the basis of that chargesheet?
If the answer to all the above is a yes, then one could go to the HC for quashing if what you’re saying is true that it’s an open and shut case in your father’s case. But must tell you that it’s extremely difficult to get it quashed at this stage itself and has downsides to it if you don’t win. CBI usually is a more diligent agency than say ED and will probably have statements or documents.
Other options are to fight it out at trial court first for discharge (followed by challenges, if any to appellate courts) or during the trial if you don’t succeed at discharge.
TIf it’s commercial quantity of the alleged drug and recovery has happened from him, I’m afraid it’ll take a while. S.37 NDPS rigors will apply. For lesser quantities, odds are better.TFile a complaint under 279 IPC to police. Since the injury is simple, 338 IPC won’t apply. Like someone else mentioned, once you file a complaint, they may try to settle at the PS or in court for getting it quashed. But you must register the complaint at the earliest. Another option is to pursue civil remedies which may take more time.TPossibly, lots of fake summons are floating around these days. In fact governments are coming out with notifications.TMatch details of the name of the judge, designation, court details etc. on the summons with the actual details. See which case have you been called for and check that case’s details online. Likely that party details and orders may be online so you can check if you have any relation with that case. You can go and enquire as well if you have the time.
