Aishwarya Rathore-
Published on August 04, 2021, at 04:32 PM
The Punjab & Haryana High Court on Monday handed over the investigation into a Narcotic Drugs and Psychotropic Substances (NDPS) case involving the recovery of 12 lakh ‘Tramadol’ tablets to the Central Bureau of Investigation (CBI), slamming the Punjab Police and the State Authorities for their failure to deal with drug offenders in the State.
The Bench of Justice Arvind Singh Sangwan transferred the invesigation to the 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 Case 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.
Previously, the Court had requested an affidavit from the Punjab Director, Bureau of Investigation, explaining why the FIR for the recovery of 12 Lakh Tramadol tablets was filed 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 First Information Report (FIR) had been registered to date.
The Court said, “Shockingly, in both the affidavits, nothing is stated where the recovered stock of 12 lakh 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.”
Consequently, transferring the matter to the CBI, the Court issued the following directions:
- The CBI will guarantee that any contraband recovered from M/s. Ravenbhel Pharmaceuticals Private Limited is delivered to the CBI.
- If there is a shortage of recovery in the possession of the Punjab Police/Drug Department, the CBI will prepare an inventory list, and will check from CFSL/FSL to see if the ‘TRAMADOL’ tablets of the same batch number are involved in any other FIR in the State.
- It will also be open to the CBI to check records of any Police Station.
- To examine any Public Servant’s involvement in delaying the registration of an FIR or any other investigation that it deems fit, using Section 120-B of the Indian Penal Code.
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