Rajasthan High Court orders CBI probe after NCB, Police point fingers at each other in drug case

The Rajasthan High Court has ordered a probe by the Central Bureau of Investigation (CBI) after officers of the Narcotics Control Bureau (NCB) and the Rajasthan police accused each other of impropriety in a case linked to the illegal supply of opium [Khiya Ram Jat and Ors. v. State of Rajasthan and Ors.]..The State police claimed that NCB officials were trying to extort money by threatening to implicate two men in a drug case. Meanwhile, the NCB officials counter-alleged that police officers were hand-in-glove with the drug mafia."Factual narrative in the case herein is rather glaring. It appears that two Investigative Agencies are at loggerheads, embroiled in a direct conflict, each striving to attribute criminal culpability concerning the contraband in question i.e. 5 kg of opium," the Court noted in a July 26 order. Justice Arun Monga proceeded to conclude that it is better that a probe into this tussle be handled by a neutral third agency. The Court entrusted this task to the CBI, Jodhpur. "It is directed that both the complaints/FIRs i.e. the one registered by NCB and the other registered by State Police, shall be initially registered as one preliminary inquiry by the CBI, Jodhpur. They shall proceed further to enquire into the entire matter. Based on the outcome thereof, prepare a preliminary report in writing, qua the culpability of crime, if any. And thereafter, if so warranted, preliminary inquiry shall be converted into a registered case and a charge-sheet be filed in", the Court ordered. The Court added that the Superintendent of Police of CBI, Jodhpur should personally investigate the matter and not delegate it to any other official junior to him..The Court was dealing with a petition filed by three NCB officials who challenged a criminal case lodged against them by the State police accusing them of committing the offences of extortion and wrongful confinement under the Indian Penal Code (IPC).The State police alleged that the NCB officials attempted to extort ₹30 lakhs from the complainant and his brother, who are in the business of marble and granite, by threatening to implicate them in a fake drugs case, if they refused to pay. The NCB, on the other hand, asserted that they were acting on a tip-off regarding the supply of 8-10 kg of opium. They stated that they had obtained all necessary administrative orders to proceed with the tip. They further asserted that it was the police officials who were trying to bail out the real culprit and who were equally involved with the drug mafia.The NCB officials also registered a cross-case against one of the State police officials, the Court was told. .In an earlier order, a coordinate Bench of the High Court had ordered the Director General of Police (DGP) of Rajasthan to form a special investigation team (SIT) to investigate the matter.However, no concrete steps were taken to do so. Later, after interacting with both the DGP as well as the zonal authority of the NCB, the Court eventually decided to hand over the task of investigating the cross-allegations to the CBI. "A consensus has been arrived at by all present, that, to ensure a neutral, independent, and fair investigation, it is considered rather expedient to transfer the entire matter to a third neutral agency i.e. the Central Bureau of Investigation (CBI), Jodhpur. Even I am also of the view that, instead of constituting an SIT with either or both of the officials of the current investigative agencies, i.e., the Narcotics Control Bureau (NCB) or the State Police, since they are accusing each other in cross FIRs, investigation be handed over to the CBI," the Court explained. .Senior Advocate Anand Purohit and advocates Mayank Roy and Kailash Khilery appeared for the Narcotics Control Bureau while Public Prosecutor Mahipal Bishnoi represented the State. .[Read Order]