A Delhi court has demanded action against an Investigation Officer (IO) for releasing the primary drug supplier while framing charges against three accused in a Narcotic Drugs and Psychotropic Substances (NDPS) case.
Special Judge (NDPS) Ekta Gauba Mann of Tis Hazari Court criticized the IO for targeting minor offenders instead of pursuing major ones. In her order dated March 27, Judge Mann stated, “The IO, tasked with upholding the law, should not act in a manner that promotes crime by neglecting to apprehend the main culprit who supplies the contraband, focusing instead on lower-level individuals such as delivery personnel.”
The court instructed that copies of the order be forwarded to the Special CP, Crime Branch, Delhi, for information and necessary action against the IO, ASI Naresh Kumar, who failed to provide justification for his investigative approach.
Furthermore, the court directed the Special CP, Crime, Delhi, to provide an Action Taken Report (ATR) against the IO within one month. The court expressed dissatisfaction, noting that the IO had previously filed an application for the release of accused Farman Ali, the primary accused, without valid justification.
Judge Mann criticized the IO’s failure to investigate accused Rahees alias Mufeed, the alleged head of the racket, and questioned the basis for arresting certain accused individuals solely on the basis of disclosures by co-accused.
Regarding the charges framed against three accused – Shahban, Chand Babu, and Anita alias Kallo – under the NDPS Act, the court found prima facie evidence against Shahban and Anita for possession of contraband. Additionally, the court observed indications of a criminal conspiracy involving all three accused in the supply of contraband.
Based on the police charge sheet, Shahban was apprehended on November 5, 2022, with 2 kg of heroin. Subsequently, Anita was arrested for possessing 89 grams of heroin, allegedly supplied by Shahban. Chand Babu was arrested as the alleged supplier of heroin to Anita through Shahban.
The court ordered Shahban and Anita to be charged under Sections 21 and 29 of the NDPS Act, while Chand Babu is to be charged under Section 29 of the Act.
