"Punjab State Functionaries Intentionally Protecting Drug Offenders": P&H High Court Transfers NDPS Case To CBI

The Bench of Justice Arvind Singh Sangwan transferred the probe to CBI calling it an exceptional case while noting thus:

"Punjab State functionaries for the reason best known to them are intentionally protecting the drug offenders."

The matter in brief

The Bench was hearing a bail petition by Sarabjit Singh in a drugs case registered at the Bhogpur police station in the Jalandhar district.

Earlier, the Court had taken cognizance of news reports on the seizure of 12 lakh tablets of Tramadol and had called for an affidavit of the Punjab Director, Bureau of Investigation seeking explanation as to why in the recovery of 12 Lacs Tramadol tablet, the FIR had been registered only under the Drugs and Cosmetics Act of 1940 and not under the NDPS Act.

Responding to the affidavit, the Director's affidavit, stated that an offence under Section 22/32 of the NDPS Act was made out but no FIR had been registered to date.

To this, the Court said:

"Shockingly, in both the affidavits, nothing is stated where the recovered stock of 12.00 lacs of TRAMADOL tablets has gone and even no batch number, etc., is given This is a serious lapse and inaction on the part of the Punjab Police as well as the Drug Controller and this clearly reveals that everything is not normal with the investigation of the NDPS cases in the State of Punjab."

In these facts and circumstances, the Court further observed thus:

"There are an increasing number of cases in the State of Punjab, wherein, primarily the carriers of drug are arrested by the police under the NDPS Act, however, the suppliers or source of acquiring drugs in majority cases do not come to fore which lead to acquittal in many cases."

The Court also observed that in number of cases registered by Punjab Police, especially of Amritsar District, there had been false implication of innocent persons.

Consequently, transferring the matter to the CBI, the Court issued the following directions:

• CBI Will ensure that the entire contraband recovered from M/s. Ravenbhel Pharmaceuticals Private Limited, is handed over to the CBI and in case, there is any shortage, C.B.I. will investigate whether the same is misused for implicating any innocent person;
• In case of shortage of recovery in possession of Punjab Police/Drug Department, CBI will prepare an inventory giving batch number, date of manufacture/expiry, name of the manufacturer and will check from CFSL/FSL in State of Punjab if the 'TRAMADOL' tablets of same batch number are involved in any other FIR in the State to find out false implication of any innocent person by using this stock\
• In such eventuality, it will also be open to C.B.I. to check record of any Police Station or publish a notice in newspaper giving batch number and name of the manufacturer, etc., so as to enable the defence counsels in different FIRs/cases to know about it and to take appropriate recourse before Court of law;
• To look into the involvement of any public servant under the aid of Section 120-B IPC in delaying the registration of an FIR or any other investigation, which it deem fit.