Punjab & Haryana HC Directs NCB, CBI To Conduct Randomised Raids To Ensure Prohibited Drugs Are Not Sold Without Prescription By Chemists

The Punjab & Haryana High Court has directed the Central Agencies Central Bureau of Investigation (CBI) and Narcotics Control Bureau (NCB) to conduct random raids at the medical stores/chemists who are selling prohibited drugs without a valid prescription from a duly qualified medical practitioner.

Justice Deepak Sibal and Justice Harpreet Kaur Jeewan said, "We direct CBI/NCB to take effective steps/conduct random raids to ensure that no drugs which, in law, cannot be sold across the counter by retailers/chemists without a valid prescription from a duly qualified medical practitioner are sold."

The Court took note of an interim status report submitted by the CBI in pursuance of the Court's direction which revealed that "prohibited drugs are being sold across the counter by retailers/chemists without a prescription by a qualified medical practitioner and that as a cover-up duplicate/fake prescriptions are being maintained by retailers/chemists."

The Court directed the CBI and NCB to produce the report stating steps taken by the CBI/NCB on the adjourned date, March 04.

Court Refused to Recall Order Transferring Probe To CBI From Punjab Police On Recovered Contraband Being Used To Plant Innocent

The Court also refused to recall the order passed by a single judge in 2021 wherein it directed the CBI to conduct investigation in a matter which was already being investigated by the State of Punjab as the Single Judge was of the view that tablets containing Tramadol Hydrochloride, which is a narcotic drug under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), recovered by the State of Punjab were not being fully accounted for and that part of the recovered tablets were also being used to implicate innocent persons.

The application was filed by the Punjab Government seeking modification of the interim order of this Court dated 21.11.2024 primarily on the ground that such order dampens the morale of the State police.

The Court noted that the order was not challenged by the State then. Rather, in pursuance thereto CBI registered an FIR; investigated the matter and on 30.12.2021 filed its charge sheet before the Trial Court where the matter is reportedly pending.

Observing that the interim order was passed by the Court in the exercise of its criminal jurisdiction, the Court noted that "No specific provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 was pointed out by the learned State counsel empowering this Court to recall or modify the said order. Nonetheless, on his insistence, we have heard him at length."

"Order dated 21.11.2024 is in continuance and an off shoot of the afore-referred two orders passed earlier by this Court on 02.08.2021 in CRM-M-28183-2019 and 04.09.2024 in the instant proceedings. Strangely, neither of the aforesaid two orders have been challenged by the State. Rather, the State has allowed them to attain finality," it observed.

The bench said in the order transferring the probe to CBI "no comment has been made on the working of the police in either of the States of Punjab and Haryana or Union Territory of Chandigarh."

Apparently, for this reason, no similar application as the present one has been filed by either the State of Haryana or U.T. of Chandigarh, it said.

The Court said that in the same order the Court found that "the illegal sale of drugs were unfortunately spreading across the entire region blurring the borders of the States of Punjab and Haryana with these drugs being manufactured in not only these States but also in the State of Himachal Pradesh."

It opined that it was rightly felt that the inquiry into this issue be entrusted to a Central and specialized agency like the CBI/NCB.

The bench added that the directions contained in the above order should not be construed by the State of Punjab to be adversarial.

Rather, the CBI, NCB and State Police in the States of Punjab, Haryana and U.T., Chandigarh should, in terms of the said order, cooperate to make an earnest attempt to eradicate the problem of drug menace especially when through the instant application, the State of Punjab itself acknowledges that as on date "thousands of criminal cases under the NDPS stand registered in the State; narcotic substances including thousands of kilograms of heroin/opium and 126 million tonnes of poppy husk alongwith 4.38 crores narcotics tablets/capsules have been recovered by the State Police; smuggling of drugs, drug money and weapons is rampant across the international border and that so far, over one thousand drones have been sighted but only 431 of these drones carrying across the border have been recovered," court said.

Consequently, the plea seeking to recall the order was dismissed.

Mr. Raghav Garg, AAG, Punjab and

Mr. Rahul Jindal, AAG, Punjab, for the applicant.

Mr. Rahul Dev Singh, Addl. A.G., Haryana.

Mr. Deepak Sabherwal, Advocate, for the respondent – CBI.

Mr. Sourabh Goel, Advocate and

Ms. Samridhi Jain, Advocate, for the respondent – NCB.

Title: SAHAB SINGH @ SABA V/S STATE OF HARYANA

Click here to read/download the order- on application to recall order

Click here to read/download the order- on main case