Direct SSPs To Monitor Probe In NDPS Cases, Submit Affidavit On Number Of Accused Not Arrested After Lapse Of 6 Months: High Court Tells Punjab DGP

The Punjab & Haryana High Court has directed the Director-General of Police (DGP) Punjab to issue necessary directions to all the SSPs in Punjab to monitor the progress of the investigation of the cases registered under the provisions of the NDPS Act in various police stations.

Justice N.S Shekhawat also directed the DGP Punjab "to file an affidavit of all the cases registered under the provisions of NDPS Act in all police stations of Punjab State, where, the accused have not been arrested, even after a lapse of more than 06 months. He shall also mention the fact as to whether such accused have been got declared proclaimed offenders or not."

The judge said that in case, the accused in NDPS cases are not arrested by the police "within a reasonable time period, despite best efforts; such accused should be immediately declared proclaimed offenders and their properties must be attached without any delay in accordance with the provisions of law."

The development came while hearing a pre-arrest bail plea in an NDPS case wherein the Court sought an affidavit from SSP, Bathinda to file an affidavit, mentioning the list of all the cases registered under the provisions of the NDPS Act in various police stations in District Bathinda, where the accused have not been arrested for the last six months.

In the affidavit, it was submitted that "83 criminal cases registered under the provisions of NDPS Act, 97 accused have not been arrested by the police, for the last more than six months."

The Court noted that "the police was not only having legal obligation to arrest them but also to initiate the P.O. proceedings against accused and to attach their properties. But surprisingly no such efforts were made by the Investigating Officers/SHO's of the 19 Police Stations of District Bathinda."

The judge noted that this clearly reflects that the higher police officials of District Bathinda had not supervised the investigation of the cases registered under the NDPS Act.

Efforts Made To Shield Erring Officer

It was also brought to light that the man seeking pre-arrest bail in the present case wherein FIR was registered in September 2023 has not been arrested for the last 11 months. 

"As per the affidavit of SSP, Bathinda, challan was submitted on 29.01.2024 and it has been now found that HC Sukhraj Singh did not make any entry in the record of Police Station to the effect that the investigation against the petitioner is pending. Even Inspector Sandeep Singh, who remained posted as SHO, Police Station Nathana and ASI Dilbag Singh, Investigating Officer of the present case did not pay any heed towards the investigation of the present case against the accused, against whom, the investigation is pending in the present case," the Court observed.

Justice Shekhawat said, from the affidavit, it is apparent that "every possible attempt is being made to shield the three officials  (Head Constable, SHO and Investigating officer) and only departmental inquiry has been initiated against them and as per information supplied by learned State counsel, such tainted police officials have been posted in other police stations."

In light of the above, the Court directed the DGP Punjab "to file an affidavit of all the cases registered under the provisions of NDPS Act in all police stations of Punjab State, where, the accused have not been arrested, even after a lapse of more than 06 months."

"He shall also mention the fact as to whether such accused have been declared proclaimed offenders or not," the Court added while listing the matter for August 22.

Today, the case was adjourned for complying with the directions, It is now deferred to September, 05.

Mr. Robindeep Singh Bhullar, Advocate with Mr. Vikramjeet Singh, Advocate for the petitioner.

Mr. I.P.S. Sabharwal, DAG, Punjab.

Title: VARINDER SINGH @ BINDA VS. STATE OF PUNJAB

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