Sushree Mohanty
The Supreme Court, terming the manner “atrocious” for handling a “sensitive matter” of narcotics to be prosecuted, has sought for an explanation from the Narcotics Control Bureau (NCB) and present its reasons for delay in filing a petition against the Rajasthan High Court decision for the matter.
The Hon’ble Court took a notice that a plea challenging the High Court’s decision on December 2018 acquitting the people accused for the narcotics case has been filed before it following a delay of 652 days.
It also noticed the “glaring gaps” and said the NCB headquarters had sat on the record for one year.
“We find that in a sensitive matter relating to narcotics the manner in which the present proceedings are sought to be prosecuted is atrocious.” stated the court.
The division bench comprising of Justices Sanjay Kishan Kaul and Hrishikesh Roy stated in its order from February 1, 2021 that “The special leave petitions have been filed after a delay of 652 days”.
The case relates to an alleged recovery of more than 5 Kg stash heroin from a vehicle in 2013.
While referring to the clarification given by the NCB, the bench observed that the “glaring gaps which are apparent” are – the assessment of the special public prosecutor was allowed following six months of delay to the concerned department on May 16, 2019.
It additionally noticed that the draft of the Special Leave Petition (SLP) was received by NCB Headquarters on August 22, 2019 and was then sent to the department for certain corrections on August 22, 2020, after a period of one year.
“Thus, the NCB headquarters sat on the file for one year,” the bench said.
Adding to its statement, the bench said, “We call for an explanation from the NCB headquarters as to how the aforesaid has transpired and what responsibility has been fixed on which officer for such negligence.”
“We would also like to know what steps are being taken to streamline the process. The affidavit will be filed under the signatures of the Director General, NCB. The affidavit be filed within four weeks,” the apex court said and adjourned the case for further hearing after four weeks.
The Supreme Court was hearing a petition forwarded by the Centre, through the NCB, against the High Court’s decision on December 6, 2018.
The High Court, in its decision had acquitted the accused in a case filed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, saying that prosecution could not prove the offence “beyond a reasonable doubt”
The High Court had conveyed the judgment while deciding upon the appeal petitions filed by the accused who sought to challenge the Trial Court’s order of indicting and sentencing them for the offence.
The High Court had likewise dismissed the separate and supplementary plea that challenged the Trial Court’s order acquitting two other persons denounced for the situation.