Karnataka HC Dismisses PIL Seeking To Transfer Drug Racket Case Involving Kannada Actors To NIA For Further Investigation

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said "At this stage it is not proper for this court to go into the question whether for investigation of the said offence, NIA can be appointed."

The bench on going through the petition noted that First Information Report (FIR) was registered by the Cottonpet police station on September 4 and the petitioner had given a representation to the Additional Chief secretary home department, citing various instances of road accidents involving high society people from the year 2017 to 2019 and also submitting that night parties were held during the national lockdown.

The court said "Several incidents from the year 2017 to 2019 have been relied on in the petition. It has not been stated whether in relation to all cases whether FIR was registered or whether investigation is complete or not. On the basis of such representation a writ of mandamus cannot be issued. The petition will have to be very specific about specific cases where proper investigation was not carried out."

The court rejected to grant prayer sought in the petition to appoint a Special Investigation Team (SIT) to probe the drug racket in the state and especially in Bengaluru city and rural areas.

It said "A sweeping prayer is made to appoint SIT to generally investigate the illegal drug racket in Karnataka. At highest a SIT can be appointed to investigate a specific offence. Generally for investigation into the alleged drug racket in Karnataka or Bengaluru, SIT cannot be appointed." While concluding the bench noted that "FIR (in case involving actresses) is registered very recently therefore it cannot be concluded that investigation is not being carried out properly."