Everything not normal with investigation of NDPS cases in Punjab, says High Court while handing over drugs case probe to CBI

Read Order: SARABJIT SINGH v. STATE OF PUNJAB 

Vivek Gupta

Chandigarh, August 4, 2021: Coming down heavily on Punjab Police for shoddy investigation in a drug trafficking case, the Punjab and Haryana High Court decided to hand over the investigation in the case to the Central Bureau of Investigation. 

The High Court said this was “an exceptional case as Punjab State functionaries for the reason best known to them are intentionally protecting the drug offenders”, adding that the Court had noticed that the State Police on the contrary often implicate innocent persons in drug-related cases. 

The bench of Justice Arvind Singh Sangwan held that the concerned official of Punjab Police/office of the Joint Commissioner (Drugs), Food and Drugs Administration, Punjab, will hand over all the documents to the CBI, along with the recovered 12.00 lakh Tramadol opioid tablets. 

The CBI, in view of admitted position of recovery, will register an FIR and investigate the case, the Bench directed. 

In the present case, there was a huge recovery of 12 lakh Tramadol opioid tablets. Surprisingly, even as the affidavit of the Director Bureau of Investigation, Punjab, which was filed in the Court about 1½ years ago, states that an offence under Section 22/32 of the NDPS Act is made out, no FIR has been registered till date. 

The HC noted that even the recent reply filed by the Joint Commissioner (Drugs) Food and Drugs Administration dated 23.07.2021 acknowledge the fact of recovery of 12.00 lakh tablets of Tradamol.

“Shockingly, in both the affidavits, nothing is stated where the recovered stock of 12.00 lacs of TRAMADOL tablets has gone and even no batch number, etc., is given This is a serious lapse and inaction on the part of the Punjab Police as well as the Drug Controller and this clearly reveals that everything is not normal with the investigation of the NDPS cases in the State of Punjab,” said the bench. 

“There are increasing number of cases in the State of Punjab, wherein, primarily the carriers of drug are arrested by the police under the NDPS Act, however, the suppliers or source of acquiring drugs in majority cases do not come to fore which lead to acquittal in many cases,” the Bench observed.

The bench further said, “It is worth noticing that on an average out of every 10 cases listed before the Criminal Benches of this Court, 08 are from the State of Punjab and 01 case either from U.T., Chandigarh or State of Haryana”.

The bench further stated that even on the day of the hearing on August 2 there was a news report that on the direction given by the High Court, Amritsar (Rural) police has booked a Sub-Inspector and Assistant Sub-Inspector of Punjab Police in Amritsar under the NDPS Act for unnecessarily searching, detaining and arresting a person. 

“Therefore, in number of cases registered by Punjab Police, especially of Amritsar District, this Court has noticed false implication of innocent persons,” the HC observed.

“It is made clear that during the investigation, the CBI will ensure that the entire contraband recovered from M/s. Ravenbhel Pharmaceuticals Private Limited, is handed over to the CBI and in case, there is any shortage, CBI will investigate whether the same is misused for implicating any innocent person,” the HC said.

“In case of shortage of recovery in possession of Punjab Police/Drug Department, CBI will prepare an inventory giving batch number, date of manufacture/expiry, name of manufacturer and will check from CFSL/FSL in State of Punjab if the TRAMADOL’ tablets of same batch number are involved in any other FIR in the State to find out false implication of any innocent person by using this stock,” it said. 

The HC further said in such eventuality, it will also be open to the CBI to check the record of any Police Station or publish a notice in newspaper giving the batch number and name of manufacturer, etc., so as to enable the defence counsels in different FIRs/cases to know about it and to take appropriate recourse before the court of law. 

The CBI will also look into the involvement of any public servant under the aid of Section 120-B IPC in delaying the registration of an FIR or any other investigation, which it deem fit, the bench held.