Punjab and Haryana High Court finds investigation into NDPS case ‘not normal’, hands it over to CBI

Saurabh Malik

Tribune News Service

Chandigarh, August 3

In a severe indictment of the Punjab Police, the Punjab and Haryana High Court today transferred the investigation of a drugs case to the Central Bureau of Investigation (CBI) after asserting that “everything was not normal with the investigation of NDPS cases in the state”.

Among other things, the CBI was asked to look into the involvement of any public servant in delaying the registration of an FIR or any other investigation. Justice Arvind Singh Sangwan asserted the state functionaries, for reasons best known to them, were intentionally protecting the drug offenders.

Justice Sangwan was hearing a bail petition by Sarabjit Singh in a drugs case registered at the Bhogpur police station in Jalandhar district. Justice Sangwan, during the course of hearing, took cognisance of a news report carried in these columns on the seizure of 12 lakh tablets of tramadol.

Justice Sangwan then asked Punjab Director, Bureau of Investigation, to file a specific affidavit regarding the investigation conducted with reference to the news item dated December 22, 2019, “wherein huge quantity of tramadol tablets was recovered, but the FIR has been registered only under the Drugs and Cosmetics Act of 1940 and not under the NDPS Act”. As the case came up for resumed hearing, Justice Sangwan added the Director’s affidavit, filed in the court about one-and-a-half-years ago, stated that an offence under Section 22/32 of the NDPS Act was made. But no FIR had been registered till date.

Referring to another reply by the Joint Commissioner (Drugs) Food and Drugs Administration, Justice Sangwan added it acknowledged the recovery of 12 lakh tablets. But shockingly, in both affidavits, nothing was stated about the whereabouts of the recovered stock of 12 lakh tablets. Even the batch number, etc, was not given.

Justice Sangwan added: “This is a serious lapse and inaction on the part of the police and the drug controller and this reveals that everything is not normal with the investigation of the NDPS cases in the state.” Justice Sangwan made it clear that the CBI would ensure the entire contraband recovered from Ravenbhel Pharmaceuticals Pvt Ltd was handed over to it. In case of shortage, the CBI would investigate if it was misused to implicate an innocent. Setting a 10-week deadline, Justice Sangwan clarified the directions were only regarding the recovery from Ravenbhel Pharmaceuticals.

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