Mumbai News: Bombay HC to Hear Petition Alleging False Implication by Encounter Cop Daya Nayak

Mumbai: The Bombay High Court is likely to hear later this month a petition filed against Daya Nayak, who hogged limelight as an encounter cop in the past. Three people have charged that Nayak, who is currently posted with crime branch Unit 9, falsely implicated them in an alleged Narcotic Drugs and Psychotropic Substances (NDPS) Act case in 2019.

Initially, the petitioners, Mohammed Shaikh, 47, Miustafa Charniya, 37 and Tanveer Paryani, 47, had not added the cop as a respondent to the plea. However, the HC noted that since the allegations were against the officer, he should be added as a respondent. Accordingly, the amendment was carried out by their Advocates Ghanshyam Upadhyay and Aakash Mishra.

Case History

The petitioners alleged that when Nayak was attached with the Amboli police station, he apprehended a consignment of sandalwood and one Sayed Inayat Ali Yawar Abbas alias Mohd was one of the suspects in the case. After the incident, he demanded ₹25 lakh from Abbas, who was a friend of the petitioners. The trio decided to lodge a complaint with the Anti Corruption Bureau (ACB), which then planned of laying a trap. However, when the trap was to be laid in 2019, the officer was put on bandobast duty hence the plan didn't materialise, but the cop learnt about the same, said the plea.

As a “vendetta”, Nayak implicated them in a false drugs case and some officials of Anti-Terrorism Squad (ATS), Vikhroli Unit, where he was transferred, also helped him, alleged the petitioners. Subsequently, Paryani was arrested on September 20, 2019. The other two petitioners were held on October 16 around 11.50pm from Mira Road. However, the petition underlined that the arrest of the duo had been shown on October 17 around 9.30pm from Mulund. It also dubs the claim of recovering 1,022 gms of MD from the trio as “fabricated”.

A special investigation team (SIT) should be formed to look into the NDPS case and the probe should be monitored by the HC, sought the plea, adding that action should also be taken against “erring” ATS officials.

Allegations against Daya Nayak

He sought ₹25 lakh from a suspect in sandalwood smuggling case

Three friends of accused approached the ACB against the cop

ACB planned a trap but Daya was shifted to bandobast duty

He later came to know about the trio's plan

They were falsely implicated in a drugs case

Few ATS officials also colluded with the 'encounter' cop.