NDPS Probes In Himachal Pradesh Far Superior: High Courts Directs DGPs Of Punjab & Haryana To Send Police Officers For Training

Observing that investigations in NDPS matters in the state of Himachal Pradesh "is far superior" than the investigation done in the States of Punjab and Haryana, the Punjab & Haryana High Court has directed the DGP of both the states to take the Investigating Officer for training at Police Training Centre (PTC), Daroh Dharamshala.

A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "Since the investigations into NDPS matters, in the State of Himachal Pradesh, is far superior to the investigation thereintos, by the investigating officers in the States of Punjab and Haryana. Therefore, this Court makes a direction, upon the Directors Generals of Police, of the State of Punjab and of the State of Haryana to, within a fortnight from today ensure, that batches of investigating officers are deputed to take mentorings at PTC, Daroh Dharamshala."

The Court further added that the trainings shall be imparted to them by the subject expert, at the PTC, Daroh Dharamshala, and, shall be ensured to be completed within 3 months from today, and, a compliance affidavit in respect thereof be furnished respectively by the DGP, Punjab and of Haryana, and by the Principal of PTC, Daroh Dharamshala.

The development came while hearing an appeal filed against conviction  in a NDPS (Narcotic drugs and psychotropic substances) case by one Bhupender Singh. He was arrested in July 2020, with a possession of 2Kg 948 grams of Charas.

Singh, was convicted by a trial Court of Additional Sessions Judge, Charkhi Dadri, under NDPS Act, and was sentenced rigorous imprisonment extending upto a period of 15 years, and a fine of Rs 1.50 lakhs.

After hearing the arguments, the Court said that the order of trial Court does not suffer from any gross perversity, or absurdity of gross mis-appreciation and non-appreciation of the evidence on record and found that there is no merit in the appeal.

However, the Court observed that the investigations in respect of NDPS matters both in Punjab and in  Haryana "is extremely faulty."

The Court noted that earlier directions were made to the Director General of Police, Punjab and Haryana to ensure that the investigating officers in the States of Punjab and Haryana are mentored by an expert. "However, there is no input/statistic in respect of the said directions," it added.

Opining that the investigation in NDPS matters is "far superior" than the investigation done in the States of Punjab and Haryana, the Punjab & Haryana High Court has directed the DGP of both the states to take the Investigating Officer for training at Police Training Centre (PTC), Daroh Dharamshala.

The Court clarified that all the expenses of the boarding  and lodging of the police officers shall be borne respectively by the State of Punjab and Haryana.

"Home departments respectively of the States of Punjab and Haryana are directed that the said expenses become forthwith deposited with the Secretary, Department of Home to the Government of Himachal Pradesh," it directed.

The Court listed the matter for May 22, for filing of the compliance affidavit.

 R.K. Kapoor, Advocate and Shobit Phutela, Advocate with  Hunarveer Sharma, Advocate for the appellant.

 Ankur Mittal, Addl. AG Haryana with Pradeep Parkash Chahar, Sr. DAG, Haryana and Saurabh Mago, DAG, Haryana.

Title: BHUPENDER SINGH v. STATE OF HARYANA

Citation: 2024 LiveLaw (PH) 67

Click here to read/download the order