State functionaries intentionally protecting drug offenders: Punjab & Haryana High Court transfers probe in NDPS case to CBI

Punjab State functionaries are intentionally protecting the drug offenders, the Punjab & Haryana High Court recently observed prompting it to transfer the investigation in a drug related case to the Central Bureau of Investigation (CBI)..In a strongly worded order, Justice Arvind Singh Sangwan said that there were serious lapses and inaction on the part of the Punjab Police as well as the Drug Controller in handling Narcotic Drugs and Psychotropic Substance (NDPS) cases."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. The investigation is handed over to the Central Bureau of Investigation being an exceptional case as Punjab State functionaries for the reason best known to them are intentionally protecting the drug offenders," the Court said in its order.The order was passed after the Court took cognizance of news reports in The Tribune newspaper regarding recovery of 12 lakh 'Tramadol' drugs tablets. The Court chose to take note of the issue while hearing a petition concerning an accused person imprisoned since seven months in an NDPS matter.The Court had earlier granted bail to the petitioner noting that the recovery was of non-commercial quantity.In an order passed on January 7, 2020, the Court had, in the light of a report in The Tribune, directed the Director, Bureau of Investigation, Punjab to file a specific affidavit regarding the investigation conducted with reference to the recovery of Tramadol, tablets. This direction came after the Court noted that case in relation to recovery of the tablets was registered only under the Drugs and Cosmetics Act and that no FIR had been registered under NDPS Act.Pursuant to the directions of the Court, Police officials had filed affidavits.In its order passed on August 2, 2021, the court noted that "even the the affidavit of the Director Bureau of Investigation, Punjab, which was filed in the Court about 1½ years ago, though, states that an offence under Section 22/32 of the NDPS Act is made out but, no FIR has been registered till date.".The Court, in its order, also expressed its concerns over the rising NDPS cases in the State while also noting that while carriers of drug are arrested by the police under the NDPS Act, the suppliers or source of acquiring drugs in majority cases do not come to fore which lead to acquittal in many cases."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 Union Territory of Chandigarh or State of Haryana," the Court noted.After going through the affidavit submitted by the DGP and Joint Commissioner (Drugs), Food and Drugs Administration, the court expressed its concern."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," the Court stated. .The CBI was, therefore, directed to register an FIR in the matter and investigate the case. In this regard, the concerned official of Punjab Police/office of the Joint Commissioner (Drugs), Food and Drugs Administration, Punjab, were directed to hand over all the documents to CBI along with the recovered 12 lakh 'Tramadol' tablets.(i) 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, C.B.I. will investigate whether the same is misused for implicating any innocent person; (ii) 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.(iii) In such eventuality, it will also be open to C.B.I. to check record of any Police Station or publish a notice in newspaper giving 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 Court of law.(iv) To 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 CBI was granted 10 weeks time to file the status report. The case will be heard again on October 28.[Read order]