Drug Smuggling | 'NCB & State Police Embroiled In Conflict To Attribute Criminal Liability To Each Other': Rajasthan HC Transfers Case To CBI

The Rajasthan High Court took up a peculiar case concerning drug smuggling wherein the Narcotics Control Bureau (“NCB”) and the Rajasthan State Police were accusing each other's officials of being involved with an accused in the case and had filed counter cases against one another.

Due to the complexity of the matter, Justice Arun Monga directed the investigation to be transferred to a neutral and independent third party i.e. the Central Bureau of Investigation (“CBI”), Jodhpur. The Court said:

“Factual narrative in the case herein is rather glaring. It appears that two Investigative Agencies are at loggerheads, embroiled in a direct conflict, each striving to attribute criminal culpability concerning the contraband in question i.e. 5 kg of opium. After deliberating the entire matter and on perusal of case file, a consensus has been arrived at by all present, that, to ensure a neutral, independent, and fair investigation, it is considered rather expedient to transfer the entire matter to a third neutral agency i.e. the Central Bureau of Investigation (CBI), Jodhpur.”

The Court was hearing a petition filed by the serving officials including the Inspector, Sub-Inspector and the Constable of NCB seeking the quashing of an FIR filed against them, alleging that they attempted to extort Rs. 30 lakhs from the complainant by threatening to wrongly frame him in a fabricated NDPS case.

It was the case of the petitioners, represented by senior counsel Mr. Anand Purohit and assisted by counsel Mr. Mayank Roy, that the petitioners were following a tip received by them and had all the necessary administrative orders for their actions.

It was alleged that the state police officials were involved with the drug mafia and were trying to save the real culprit. Consequently, the NCB officials had also registered a cross-case against one of the state police officials in this regard.

In an earlier order passed by a Coordinate Bench of the Court, the Director General of Police (Jaipur) was directed to constitute a special investigation team (“SIT”) headed by a Senior IPS Officer to investigate the matter further. 

When the matter came up for hearing again, the Court observed that the two investigation agencies were involved in a direct conflict of accusing each other and had not constituted an SIT either.

Thus, it directed that the investigation be handed over to the CBI and directed the Superintendent of Police, CBI Jodhpur, to personally investigate the matter instead of delegating it to a junior official.

Accordingly, the Court directed CBI, Jodhpur to register both the complaints made by the NCB and the State Police against each other.

Title: Khiya Ram Jat & Ors. v State of Rajasthan & Anr.

Citation: 2024 LiveLaw (Raj) 202

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