The Apex Court has termed as atrocious the manner in which a sensitive matter of narcotics has been sought to be prosecuted, & directed the Narcotics Control Bureau (NCB) to give an explanation over the delay in filing a plea against the High Court of Rajasthan verdict in the case.
The Supreme Court, which observed that a plea challenging the HC's Dec 2018 verdict acquitting the accused persons in a narcotics case has been filed before it after a delay of 652 days, noted the glaring gaps & said the NCB headquarters had sat on the file 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. The special leave petitions have been filed after a delay of 652 days, a bench comprising Justice Sanjay Kishan Kaul & Justice Hrishikesh Roy said in its Feb 1 order.
The case pertains to alleged recovery of over 5 Kg contraband heroin from a car in 2013.
While referring to the explanation given by the NCB, the bench noted that the glaring gaps which are apparent are -- the opinion of the special public prosecutor was given after six months to the department on May 16, 2019 & the draft special leave petition (SLP) is stated to have been received by NCB headquarters on Aug 22, 2019, & was forwarded to department concerned for corrections on Aug 22, 2020, after one year.
Thus, the NCB headquarters sat on the file for one year, the bench said, adding, We call for an explanation from the NCB headquarters as to how the aforesaid has transpired & 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 top court said & posted the matter for hearing after four weeks.
The Supreme Court was hearing a plea filed by the Centre, through the NCB, against the high court's Dec 6, 2018 verdict.
The HC had acquitted some accused in a case lodged under the Narcotic Drugs & Psychotropic Substances (NDPS) Act, saying that prosecution was not able to prove the offence beyond reasonable doubt.
The HC had delivered the judgement while dealing with appeals filed by some of the accused who had challenged the trial court orders convicting & sentencing them in the case.
The HC had also dismissed the separate plea challenging the trial court order acquitting two other accused in the case.
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