Complaints against Narcotic Crime Bureau – Zonal Director, Superintendent, the Intelligent Officers, etc.

  1. NCB has decided to target and victimize me after collaborating with IPS Chawla. My complaints about NCB’s corruption will be filed in a PIL to the High Court by the end of this month. This event highlights the perils of the Judicial system, rampant corruption that will defame this county and prevent foreign investors, even though Modi is campaigning so diligently to increase foreign investors. I will work to ensure justice prevails, my names is cleared and the ones who fabricated evidence, assaulted and tortured me, will be punished.
  2. The Arresting officer did not allow my lawyer to be present at any time during the investigation even though I asked repeatedly.
  3. I was not produced before a Magistrate within 24 hours
  4. I was not allowed to inform my family that I had been detained by NCB
  5. NCB IO- did not have identification. I asked to see his ID and he refused. He put me in an unmarked car and then assaulted me and threatenend to torture me.
  6. Female not present- NCB claims a female officer was present with me. However this is a lie. The female officer did not enter the airport and did not witness the physical assault. The male officer intentionally withheld him name/id because he planned to assault me.
  7. No witness on arrest memo
  8. Grounds of arrest not explained to me ever, no matter how many times the IO writes it does not mean it is true and the IO,
  9. NCB IO did not leave when I met with Doctor
  10. NCB mental torture- kept calling me a criminal during the 8 hour drive from Delhi to Dehradun. I was forced to stay up and listen to Vivek Pandey talk non sense and forced me to check his face book page.
  11. NCB states in their response that I was arrested at 1600 on Jan 14, 2015, when in reality I was detained at midnight , 16 hours earlier, so this leaves a whole 16 hours unaccounted for.
  12. Mental torture
  13. Assault- The male NCB IO- Kamley ( I later found out from the forms), assaulted me. He kicked me in my leg 4 times, he slapped my face, he slammed my laptop and hit my phone out of my hand. NCB has tried to cover up this assault and claimed it never happened (surprise). The female officer also claims that NO assault took place. But as I already stated she was not present. Irregardless technology is on my side because IGIA has CCTV and I request the court to please summon the footage, so my claims of assault can be validated. I also request you to give the male IO a polygraph test. I was speaking to the US Embassy when he assaulted me and the US embassy can relay my screams (unfortunately this call was not recorded)
  14. Physical torture- After the Io assaulted me, he threatened to torture me. Once I was in the unmarked vehicle this IO Kamley threatened to torture me. He asked me if I had ever been tortured, and I was looking forward to this. I have never been threatened to be tortured and feared for my life. NCB has responded to my accusations of torture by stating that a female guard was present. However this female guard did not speak any English hence her testimony is irrelevant. It isn’t logical that someone who doesn’t understand hindi can be a witness to a conversation in English. When I informed the Zonal Director at NCB in Delhi about the assault and threat to torture me, he told me to “forget it” and brushed it off. Hence he admitted that the torture did happen
  15. The Zonal Director and IO forced me to write a so called voluntary statement after being assaulted, threatened with torture, denied access to my lawyer, food and water. When I complained the Zonal director stated if I insist on my lawyer being present I will be deemed as being uncooperative. The IO forced me to sign documents. They took me in a car at 10pm at night and told me we were going to Dehradun. They took me in numerous dark, back alleysin the ghetto of delhi. I was in one of 2 unmarked cars, no one had identification. They made me get out of the car, and there were 8 fat guys all who kept staring at me in a revolting manner. Once I was out of the car, their leader came up to me and forced me to sign the documents. I complained that I couldn’t see what I was signing, but he grunted. I signed a fakish signature so I would know in the future what it was. I succumbed and signed the documents without reading them, on the hood of an unmarked vehicle in a residential area in Delhi at 9 pm at night. I feared for my life after already being assaulted, threatened with torture ,food/ water sleep deprivation. This torture and turmoil and ILLEGAL tactics NCB used should be punished.
  16. Contrary to the charge sheet and arrest memo, NCB never once informed me of the grounds of arrest. I asked repeatedly. The IO Vivek Pandey refused to tell me.
  17. NCB forced me to sign a tamatalashi , it states my luggage was seized in front of me which is a lie and I put a fake signature.
  18. In the papers submitted to the NDPS judge by the IO, to get a PCR order, he wrote a seizure was likely, even though at that point I was in jail and my luggage was seized. This is one of thousands of examples of their vile nature.
  19. During court ordered PCR I suffered mental torture at the hands of the IO. It is all documented and I refused to sign the medical officer documents, because the IO told the doctor what and how to chart.
  20. NCB informed me that I would see a magistrate. I have never heard the term magistrate before. I was presented to a magistrate after nearly 40 hours in police custody.
  21. In the bail applications of Rajesh Salunke, Venkant and Prasad Reddy, it also states they were assaulted by NCB agents, this shows NCB status operating procedure.
  22. In the charge sheet, IO Vivek Pandey stated
  23. The magistrate did not ask me if my next of kin was notified, even though they are required to do so.
  24. NCB forced me to go to the hospital. At the hospital they did not allow me to speak to the doctor in private. I asked so many times to speak to the doctor alone, but NCB would not allow this, because they were hiding the truth. NCB also prompted the doctor how to fill the necessary documents. NCB threatened the doctors to hurry up and fill out the documents without discussing any medical condition with me.
  25. Zonal Director and Superintendent Refused to allow me to call my advocate or anyone
  26. On a letter to NDPS judge on 15/01/2015, NCB IO on a hand written request, asked the judge to order me to PCR. This request asked the judge to order me to PCR. This request states that, “some recovery is possible”. This is an outright lie. NCB had already searched all my luggage and did not find one gram or milligram of anything. Not to mention, this case is over 2 years old. The explicit lie to the NDPS judge is a direct insult on the judge’s intellect. NCB investigators continue to conduct a botched investigation, lie, deceive, and cover their mistake to HIDE the fact they broke the law, illegally arrested, illegally detained me, and assaulted me and so on. The incident in Manipur was closed and no evidence of any illegal transaction was found. NCB re-opened a closed case and fabricated charge on their victims by collaborating with IPS Chawla. NCB has abused their power and has chosen to be the “mafia police” to settle a financial dispute.
  27. NCB IO’s feel that they are above the law because they are with the Union Ministry and the Laws don’t apply to them
  28. Rampant corruption- Vivek Pandey asked me to pay 60 lac through police guard to get rid of the charges
  29. I complained to the NDPS judge incessantly about the IO’s behavior. They harassed me, mentally tortured me, harassed my family and friends, stole papers from me, stalked me, threatened me, attempted to exhort money. The NDPS Judge eventually wrote an order that the iO had to stay away from me and stop stalking me.
  30. Corruption- PP has changed 3 x due to corruption
  31. False allegations- All of their allegations are false and this will all come out in the trial.
  32. Harassment- wire tapping, following me, stalking me, harassing me at court, my house, my office. Even though wire tapping is a direct violation of the Supreme Court but this agency feels that they are above the Supreme court

Lies that NCB through its’ Intelligent Officer have stated under OATH

  1. is submitted that the accused will try to intimidate the seizing officer and other witnesses of the case. She may also try to destroy all the evidences. She is a criminal minded lady with huge affluence. She has been mocking at Indian law and its reach.
  2. The affidavit in support of her bail application cannot be trusted. Her permanent residence has been shown to be of USA. If granted bail she would try to escape out of India violating the conditions of bail.
  3. Accused has contended to have worked in rural sectors of Uttarakhand and approached various rural ladies for educating them about female issues which is not possible without the knowledge of hindi or the local language. It is pertinent to mention the accused denied giving thumb impression on medical documents a the time of her periodical medical tests despite being requested by the doctors. She also denied putting her signature on the court documents on each and every date of her attendance on remand dates. She shrewdly denied any knowledge of hindi before the prosecuting agency, the judiciary and the jail authority. This clearly shows the ambiguous behavior displayed by the accused and her intention to cooperate with various government authorities.
  4. Accused cannot be restricted from absconding once she gets bail. She had tried to escape out of India when she was detained . She frequently changed the address of her organization Bella Health care.
  5. The organization was opened just to invite foreign funds in the name shake of social work for personal gains.
  6. It is also submitted that the accused Colette Smith was on a tourist visa and defying the terms of the visa, she got engaged in business activities such as getting absorbed in the directorship of Daffohils.
  7. She had several illegal associates in India for helping in her surreptitious objectives.
  8. Even though she is granted bail with her passport surrendered, she may hide somewhere in India and it would be tough for the agencies to locate her further.
  9. Accused scuffled with one of the police personnel accompanying her during the remand duty and tried to abscond. The whole incident took place in front of the prosecuting agency at the stairs of the court. When she failed her attempted she started making false allegations on the police personnel of mis handling. Feared of her actions, the in charge of the police team had given an application before the special court to continue her remand through video conferencing from jail. Not only this, she has been making baseless complaints against the prosecuting agency, the Judge and Jail authorities, which has nothing to do with her, except her custody.
  10. Once she is permitted to leave India, she will not come for the hearing of her case.
  11. If she is not permitted to leave Indi9a, she cannot do any business as per the condition of her tourist visa and in that situation, her source of income for stay in India, is also unknown, in such circumstances there is every possibility that she will again indulge in similar illicit activities.
  12. The investigation in case against the member of her syndicate in illicit business of pseudo is still on progress. The accused will try with all intents to destroy the evidences against them and herself.
  13. She may also try to influence and intimidate the witnesses of the case.
  14. She was running all of the illicit narcotics business on behalf of Dr. Agarwal who is the prime suspect in the case. She was regularly reporting to him about the controlled substances to him and was also working according to his directions.
  15. No biased consideration should be given on the basis of her gender an nationality as her crime are heinous in nature and has been committed deliberately against the society.
  16. Apart from this she has been booked in another case by police in Ambala of fraud.
  17. Such a resolute criminal lady has only shelter in jail. Every possible facility demanded was provided to her on humanitarian basis by the prosecuting agency and jail facility.
  18. She has never been discriminated on her nationality and gender. Despite these efforts, she has been harassing officers.
  19. In her voluntary statement, she has disclosed that she has already been to several countries during the period in which the diversion of controlled substance took place, however she was not out of India for the complete period.
  20. The source of her funding for visit and purpose of her visit is suspicious. Actually it is doubted that she was siphoning money from the illicit trade of pseudo to her foreign associates during these tours. It is also possible that she was clandestinely carrying narcotic drugs to these countries.
  21. She has stated her brother died of overdose of heroine.

This has been a long but necessary letter to point out the glaring inaccuracies of NCB’s investigation and subsequent cover-up. NCB has caused me irreversible harm and suffering. NCB 10 continues to harass me at court and attempted to extort 40 LAC rupees from me. NCB has caused me mental torture, physically assaulted me, and forced me to give a statement while I was fearing tortures and various other documents. NCB has framed these changes on me, done a horrid job of investigation, has delayed my count proceedings, which has delayed the start of my trial. This is a travesty of justice and exemplifies the failures of the judicial system, government organizations, constitution of India’s inherent protections and expose the corruption of government organization.

 

Complaints against Dehradun Police force through the SSP, who did not investigate a case of custodial violence.

 

  1. Custodial violence, – May 14, District Judge ordered inquiry. The case was closed without proper review of the witnesses. The constable who assaulted me filed a counter complaint that I was attempting to flee. However the assault took place at the court lock up not on the stairs. I cannot read or speak hindi, thus cannot read the order which is in Hindi.
  2. Currently suffering from severe lumbar pain ( in phsycial therapy), see MRI
  3. Harassment- the police officers take pictures, videos of the female prisoners. They flirt with them and do not stop eave teasing them.
  4. The police officers do not wear identification.
  5. The police constables gossip among themselves, to other attorneys, the media and unrelated people about the prisoners. This is a gross invasion of privacy.
  6. The police lock up is filthy, disgusting, nasty. There is no water in the toilet, it is never ever cleaned and there are millions of mosquitoes and a dengue breeding zone. Water is not available.
  7. Police guards intentionally insult, harass, demean, abuse prisoners and their family’s.
  8. The police guards smok exposing prisoners to second hand smoke.
  9. Police guards are visibly drunk at work
  10. The supervisor sleeps on the job.
  11. Police regularly assault prisoners and their families.

 

Solutions: Put CCTV cameras at police lock up. Ensure that constables are trained. Make the constables wear spycam to record if they abuse anyone.

 

Complaints against the Dehradun District Jail- through its Jailors, IG, Minister of Jails, Administration etc.

General Conditions:

  1. Under trial and convicted kept together a blatant violation of
  2. Under trial forced to do work a blatant violation of anti-slavery laws.
  3. Treated as accused, even though under trial
  4. Overcapacity
  5. Understaffed
  6. Staff are illiterate and do not MEET the basic requirements for someone serving as a police person per the supreme court recommendations
  7. UT Forced to pay 600rs/ month to not do work
  8. Forced labor/ slavery for under trial is a blatant violation of law
  9. Visitors are charged 10 rs to enter. No receipt is provided for this payment.
  10. No water filters are available. Ironically the jail admin people have water filters and drink nice clean water.
  11. No water for 5 hours per day in the showers/toilets.
  12. Filthy- nasty, full of vermin, never cleaned.
  13. Food-
  14. Babies and children are in prison and not given proper medical care, supervision, clothing, education, life skills, food, etc
  15. NHRC audit in 2011, none of their recommendations have been met
  16. No chimney is installed
  17. No exhaust fans in the kitchen
  • No screens to keep out vermin
  1. The MO checks the nutritional value of the food
  2. Source of water?
  3. No overhead water storage tanks.
  • No samples of water are being drawn and sent for testing.
  • Water is polluted and full of parasites, bacteria, iron, sulfur, magnesium, sodium and fluoride. If water were checked- could see the impurities.
  1. No water filter. – Have budget to buy toys for children, but not a water filter.
  2. Jailor states he has no budget. No budget to buy A4 sheets. Mo only has a 10 lac budget.
  3. Huge shortage of water on daily basis have 8-10 hours daily no water and on 5 occasions no water for days
  • Barracks do not have sufficient sleeping places. People are forced to sleep on the floor.
  • 1 urinal/ WC for every 10 prisoner. So that is 6 – only 2 in barrack and 2 outside. None of them flush.
  • No soap, washing powder, detergent, dish soap provided, until I complained.
  1. Children stay with UT – not convicted.
  • No educational or literacy programs
  • No NGOS
  • No library
  • No books,
  1. Only religious texts
  • No library for women
  • Only 1 newspaper for 50 ladies and guards read and take it from the prisoners.
  • Computer training – WHAT LOL!
  • Recreation activities- not available – badminton, volleyball
  • Cultural activities such as dance, drama and music. LOL
  • Yoga, pranayam and meditation – NO
  • Canteen does NOT go to the ladies side
  • No industry for ladies
  • No lok adalat in jail premises
  • No social workers
  • Woman’s Commission only visits with Jail admin staff and do NOT allow women to voice their grievances and only do a check as a rote experience to fill in their report not because they actually care.
  • Legal AID does not work there
  • No facilities for special care, education and recreation of young children staying with women prisoners
  • No female hospital wad
  • Facilities of vocational training for woman prisoners- training of tailoring, weaving, handicraft and computer imparted to the female prisoners
  • Harassment by guards and Writers
  • No system to check if women have TB or mental illness. Doctors do not do rounds
  • Involvement of NGOS and social activists in prison activitiesl LOL

General Remarks

  1. Most of the toilets in the wards are dirty and the toilet flushing system was out of order. Nothing has changed even though NHRC stated that the general cleanliness of the jail should be improved and flushing systems repaired.
  2. There is shortage of staff compared to sanctioned strength- incentive program to higher people- NHRC recommended adequate number of doctors with at least one lady doctor and paramedical staff should be posted. One doctor should be present around the clock. Even if there is a problem after hours- guards will refuse to call the doctors. Guards are responsible for conveying message to doctors but they refuse to do so.
  3. UNHRC suggested to review the daily wages of inmates- hasn’t happened.
  4. Electronic gadgets- XRay scanner, HHMD and DFMD should be installed instead of checking and violating codes of decency and instigating female to female rape.
  5. No lady doctor
  6. Misogynistic all male administration lead to blatant discrimination against females and are not sensitive, considerate or cognizant to female needs at all. Females do not have a library, a canteen, sports, exercise equipment, a gym, any lifeskills activities.
  7. Sanitary napkins are not available. And it is dehumanizing to have to ask 10 people to obtain these.
  8. Doctors
  9. B-pharma
  10. No lady doctors
  11. Giving IV injections
  12. Prisoners give IM injections
  13. No budget to buy medicines
  14. No Legal AID
  15. No NGOs
  16. No fans
  17. Vermin/ filth
  18. Disease spreads like fire with overcrowding, filth and vermin.
  19. No sanitation or hygiene. Fenyl is not used to clean the toilets/ floors/ surfaces. Sick people infect others.
  20. No screens on windows- only bars and exposure to all of the elements.
  21. Guards refuse to notify the doctors of complaints.
  22. Writer – a prisoner is in charge of SOS medicines, IM Injections and deciding when and if to call for a doctor.
  23. Doctor is NOT on call 24 hours/ day. And if he is- refused to come.
  24. Bpharma people are diagnosing and treating illnesses which they are NOT allowed to do and violates Uttarakhand licensing criteria.
  25. Bpharma gave me 20 IV injections of Amikacin for severe UTI. Amikacin 2x/ day and up to 8 needlesticks- missed the vein- do not know what they are doing, are not trained properly, do not know the basics of venopuncture hygiene. Cause infection and blood clots and severe extravasion of medicines.
  26. Forced Religion – violates right to practice religion. Violation of Human Rights- forcing them to say a prayer.
  27. Checking by guards violates norms of decency. NHRC has recommended the JAIL use Xray scanner, HHMD and DFMD.
  28. Abuse and harassment by Jailor and Guards- Jailor Dwivedi screamed, verbally abused me, approximately 5-10 times. Apparently he is nice, but after the abuse I suffered, I have a different opinion. He has told me that I should stop advocating for my rights. I am a criminal and I do not have any rights. No one can help me. I deserve this. Who do I think I am a Doctor? A Judge? God?
  29. Did not send my letters. I wrote 5 letters per day. First they would not give me paper, allow books from outside and everything is a struggle with them.
  30. My health
  31. Doctors who witnessed my health conditions in jail and upon my release, including when I went psychotic.
  32. Doctor Niharika Dhiman at AIIMS Rishikesh, saw me 4 days after my release from prison and the same day that I went psychotic and she managed my UTI’s and foley catheters while I was in Jail. She was disgusted that the jail did not treat my UTI while I was in jail, the jail doctor did not clamp my cather, The jail doctor did not give me the medicines for endometriosis, the jail doctor gave me deflazocort a steroid for pain, that was administered inappropriately and led to sepsis.
  33. SP Mehta saw me at the hospital and will testify to the neglect, poor management, bad doctors, poor hygiene and follow up that caused me to nearly die. 9536582802
  34. Sumit Mehta-psychatrist at Synergy who has been following my PTSD and psychosis since 21/8.
  35. RK Pandey radiologist at CMI who did the ultrasound and documented the chocolate cysts and fibroids.
  36. Sanjeev Kuvar the urologist at CMI, whom I was admitted under for UTI, sepsis and IV antibiotics. He also witnessed the freak show (his own words for my psychosis) when I was in the emergency room.
  37. Doctor Sumita Probhakar – gynecologist at CMI who saw me when I was admitted to CMI
  38. Doctor Samit Khavi the psychiatrist at CMI who saw me when I was admitted at CMI
  39. Doctor Sudhir Rawal saw me at Rajiv Gandhi hospital on 11/9/2015
  40. Rozalia George- doctor at Bella Health- saw me the day I was released and went with me to AIIMS, Jolly grant hospital, Doon Hospital, Max Hospital
  41. Mithila Kumar- my friend who was with me when I was released and suffered from psychosis and stayed with me for 5 days
  42. Mercedes Alonso my friend who was with me when I suffered from pyschosis. she saw me 2 days after I was released from jail and saw me the day I went psycho.
  43. Doctor at Jail: Doctor Hassan, pharmacists Mr. Chauhan and Ms. Pavitra. They all gave me IV injections inappropriately.
  44. Medical conditions before incarceration: hypothyroidism, endometriosis in recession
  45. Medical conditions after incarceration: SEPSIS, URINARY CATHETER, PTSD, DEPRESSION, SEVERE ANXIETY, PSYCHOSIS, DELUSIONS, PARANOIA, ALLERGIES, VULVOVAGINITIS, FUNGAL INFECTION, VAGINITITS, URETHRAL INFECTION, URINARY TRACT INFECTION, LUMBAR DISK BULGE, SEVERE PELVIC PAIN, SEVERE LUMBAR PAIN RELATED TO THE ASSAULTS, UNTREATED PELVIC PAIN DUE TO INAPPROPRIATELY MANAGED ENDOMETRIOSIS, PELVIC INFLAMMATION, OVARIAN CYSTS, FIBROIDS, ALLERGY, Polycystic ovarian disease.

 

Complaints against Judicial System of Dehradun District through its’ Judges.

  1. Did not ask if the next of kin was notified
  2. No judge had powers for three months
  3. Delaying the trial
  4. Languishing in Jail
  5. Not releasing luggage
  6. No free translator was provided to me.
  7. Forced to sign documents in hindi- a language that I do not read

 

To Uttarakhand Human Rights Commission

Complaint of Human Rights Violations: Colette Smith (whistle blower) vs. Narcotic Crime Bureau, the Dehradun Police, the Dehradun District Jail, Dehradun District Judicial System

September 15, 2015