Ensure compliance of drug Act norms, HC directs police chiefs

Saurabh Malik

Tribune News Service

Chandigarh, May 31

The Punjab and Haryana High Court on Friday asserted that investigating officers (IOs) in drug cases were not adhering to compulsory provisions of the NDPS Act, while issuing mandatory guidelines to the IOs and putting the onus of implementation on Punjab, Haryana and Chandigarh police chiefs.

Taking cognisance of the acquittal of accused in drug cases due to faulty investigations, the bench rather warned Punjab and Haryana DGPs and UT IG of action against them in case of failure to perform their duties.

The bench, among other things, made it clear that search of the person/accused was required to be conducted by an officer authorised under the provisions of the NDPS Act and should not be below the rank of a regular ASI.

Justice Arvind Singh Sangwan asserted it could not be said at the present stage that the IOs were leaving a lacuna intentionally to favour the accused. But a common defence taken by all accused was that they had been falsely implicated. As such, lapses on the part of the IOs were required to be checked in future.

Justice Sangwan ruled that prior/secret information with officer empowered or authorised was required to be taken down in writing and copy sent forthwith to immediate superior official. It was also mandatory for the officer to immediately send a “ruqa” or information to the police station for registering an FIR.

In case of a chance recovery of drugs or psychotropic substance, the officer not empowered was required to inform the empowered officer for proceeding in accordance with the norms of the NDPS Act.

For fair and impartial probe, it was necessary that informant/complainant and investigator must not be the same person. It was also mandatory for the empowered officer to inform accused concerned of his right to be taken to the nearest gazetted officer or magistrate for conducting the search under the NDPS Act.

Justice Sangwan said the accused could be searched by gazetted officer or magistrate only and no third option could be given by the empowered officer. Each empowered officer will also keep a list of all gazetted officers in the district, along with their mobile number, for being associated in the process.

The bench stated...

• Taking cognisance of the acquittal of accused in drug cases due to faulty probes, the bench warned Punjab and Haryana DGPs and UT IG of action against them in case they fail to perform their duties
• The bench made it clear that search of the person/accused was required to be conducted by an officer authorised under the provisions of the NDPS Act and should not be below the rank of a regular ASI.