High Court raps Haryana Police for ‘cavalier’ probe into drug trafficking cases
Tribune News Service
Chandigarh, August 30
In a major embarrassment for the Haryana Police, the Punjab and Haryana High Court has asserted that investigation into cases of alleged drug trafficking in the State is being conducted in a “casual and cavalier manner.”
The assertion came as N.S. Shekhawat directed Gurugram Commissioner of Police to file a personal affidavit detailing all FIRs registered under the NDPS Act in all the police stations under his jurisdiction where the accused have not been arrested for over six months.
The directions came in a case where an accused in a drugs case was “roaming freely” and had not been arrested by the police even though the FIR in the matter was registered in July 2023 and the earlier anticipatory bail petition filed by him was withdrawn from the court in July this year.
“From the record, it is apparent that even after a lapse of more than one year, the accused in the present case is roaming freely and has not been arrested by the police. This clearly reflects that in a case where there are serious allegations of trafficking of drugs in the State of Haryana, the investigation is being conducted in a most casual and cavalier manner,” Justice Shekhawat asserted.
The matter was brought to Justice Shekhawat’s notice after the accused filed the petition for the grant anticipatory ball registered under the provisions of the Narcotic Drugs and Psychotropic Substances Act at Bilaspur police station in Gurugram district.
Taking up the matter, Justice Shekhawat further directed that the affidavit should specify whether the accused in such cases had been declared proclaimed offenders and whether efforts had been made to attach their properties. Fixing the matter for further hearing on September 9, Justice Shekhawat made it clear that Gurugram Commissioner of Police was required to appear in person before the court, if the affidavit was not submitted by date fixed.
Justice Shekhawat added the Supreme Court had underscored the necessity for speedy investigation and trials, stressing that both were are mandated by the law and the provisions of the Code of Criminal Procedure/BNSS and constitutional protection enshrined in Article 21 of the Constitution of
India.
The court added the Supreme Court had clarified that the speedy trial as well as speedy investigation were an integral and essential part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution of India.
