Complete probe in drugs case in 180 days: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, August 2

In a significant judgment liable to change the way drug cases are investigated, the Punjab and Haryana High Court has ruled that 180-day period for probe completion was “sufficient and adequate” before ordering Punjab, Haryana and Chandigarh DGPs to complete the probe within the specified period.

Ensure adequate manpower in FSLs

Justice Sureshwar Thakur said it must be ensured that the forensic science laboratories, where the parcels containing the stuff were sent, had adequate manpower to deal with the heavy docket, if any

Justice Sureshwar Thakur also directed the DGPs and the Home Secretaries of the two states, along with UT Administrator and the DGP, to ensure that the investigating officers in cases under the provisions of the NDPS Act dispatched to the forensic science laboratories (FSLs) at the earliest and in promptest manner the “sample” cloth parcels containing the stuff to be examined.

Justice Thakur added it would also be ensured that the FSLs, where the parcels were sent, had adequate manpower to deal with the heavy docket, if any. The direction came as Justice Thakur ordered the governments of the two states and UT Administration to constitute in their territories “steering committees” after observing that “heaviness of dockets” did emerge leading to delayed reports. As such, it was imperative to put in place a regulatory mechanism for obviating “the emergence of the conundrum”.

The committees would be headed by an officer not less than the secretary’s rank. It would not only draw statistics regarding the “heaviness of dockets at the FSLs concerned”, but also quarterly garner statistics on pending work volume. It would also ensure that the chemical analysts at the laboratories made “promptest opinion” on the stuff sent to it for examinations.

The committees would also keep a track of the seizures to see that the same were deposited by the investigating officers in the “malkhanas” not later than two weeks. It would also ensure that the sample parcels were sent for examination of the stuff inside the FSLs concerned within a week thereafter.

Justice Thakur added that the data so collected would be shared with the prosecuting agency. It may seek the court’s leave form extension to file a supplementary report if the load of stuff to be examined inside the sample cloth parcels was immense, despite the sufficiency of manpower.

“The report of the steering committees concerned, and, also the action taken thereon, after every six months’ hereafter’, be intimated to the Registry of this court,” Justice Thakur added. The directions came on a petition challenging an order by an Additional District and Sessions Judge declining to grant default bail to an accused in a case registered in September 24, 2020, under the provisions of the NDPS Act.