Supreme Court Seeks Explanation From NCB Headquarters over Atrocious Manner of Prosecution In Sensitive Matter Of Narcotics

Supreme Court Seeks Explanation From NCB Headquarters over Atrocious Manner of Prosecution In Sensitive Matter Of Narcotics

On 1 February 2021, the Supreme Court of India (SC) called for an explanation from the Narcotics Control Bureau (NCB) headquarters regarding details of responsibilities that have been fixed on the officers who are accountable for such negligence and caused a delay of 652 days in filing the Special Leave Petition (SLP)in the case of Union of India (Petitioner) v. Ajijur Rahman Etc. (Respondent)

A bench of the SC comprising of Justices Sanjay Kishan Kaul and Hrishikesh Roy stated, "We find that in a sensitive matter relating to narcotics the manner in which the present proceedings are sought to be prosecuted is atrocious. The Special Leave Petitions have been filed after a delay of 652 days."

The bench headed by Justice SK Kaul said, "We would also like to know what steps are being taken to streamline the process."

The bench was hearing, the Centre's challenge to the judgment of the High Court of Rajasthan (HC) dated December 2018, wherein the HC acquitted the respondent who was convicted under Sections 8/22 (C) and 8/21 (B) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and sentenced to 10 years of rigorous imprisonment and fine of Rs.1 Lac.

The HC in its judgment remarked that the NCB is constituted for controlling drug trafficking and the Officers posted therein are presumed to know the law and to apply the law strictly.

That the division bench of the HC pointed out several infirmities in the NCB's investigation. It had directed the release of the respondent from custody.

The SC pointed out that the infirmities in the explanation advanced by the NCB that was given at page 474 onwards. The glaring gaps which mentioned as under-

a. The opinion of the SPP was given after six months to the Department on 16 May 2019;

b. The draft SLP is stated to have been received by the NCB headquarters on 22 August 2019 and was forwarded to the concerned Department for corrections on 22 August 2020 after one year.

The Court stated, "We find that in a sensitive matter relating to narcotics the manner in which the present proceedings are sought to be prosecuted is atrocious. The Special Leave Petitions have been filed after a delay of 652 days."

It held, "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 Court directed, "The affidavit will be filed under the signatures of the Director-General, NCB. The affidavit should be filed within four weeks."

The matter is listed before the SC after four weeks.