High Court raps Haryana Police for laxity in NDPS probes, directs DGP to submit list of unarrested accused

Coming down heavily on the lack of supervision in drug-related investigations across Haryana, the Punjab and Haryana High Court has ordered the State Director-General of Police to compile and file a comprehensive list of all NDPS cases registered in the state in which accused have not been arrested for more than six months.

“Even in various cases, this court has also noticed that there is no supervision of investigation of cases, which were registered under the provisions of the NDPS Act in various districts in the State of Haryana,” Justice NS Shekhawat asserted while issuing the directions.

The Bench made it clear that the affidavit to be filed by the DGP was required to include exhaustive particulars, including the number and other details of FIRs registered under the NDPS Act, along with the names of accused not arrested for more than six months.

Justice Shekhawat added that the affidavit was also required to disclose the steps taken by the police to arrest such accused and whether action was initiated against the investigating officer in cases where negligence was found on their part.

The court also called for details on whether proceedings were initiated to declare such accused proclaimed offenders or proclaimed persons under Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Justice Shekhawat added it was further required to specify whether application was moved before the court concerned for attachment of the movable and immovable properties of such absconders.

The Bench also made it clear that the affidavit was required to be placed on record before the next date of hearing on September 16.

The Bench was assisted in the matter by advocates Aditya Sanghi and Kartik Mittal. The direction came during the hearing of a petition seeking transfer of investigation from the local police to an independent investigating agency or to issue appropriate directions to the official respondents to conduct fairly and impartially investigation in the case registered on February 6 under the provisions of the NDPS Act at Mandi Dabwali police station

Referring to the facts of the case before it, Justice Shekhawat asserted it was apparent that the petitioner was involved in 12 cases: “From the list of cases, it is apparent that the present petitioner is a habitual offender and is a notorious drugs smuggler. The FIR was registered on February 6 and even after a period of six months, the police have failed to take action against such a drugs smuggler, which clearly proves that the officials of local police are hand in glove with the accused in the present case.”