Rajasthan High Court Orders CBI Investigation Amidst NCB and Police Dispute Over Drug Case
The Rajasthan High Court has mandated a Central Bureau of Investigation (CBI) probe into a contentious drug case involving the Narcotics Control Bureau (NCB) and Rajasthan police, who have accused each other of misconduct.
The dispute centers on conflicting allegations between the two agencies: the police accuse NCB officials of attempting to extort ₹30 lakh by threatening to frame two individuals in a drug case, while the NCB claims the police are colluding with the drug mafia to obstruct their investigation into an opium supply.
In its July 26 order, Justice Arun Monga described the situation as a significant conflict between the two agencies, each blaming the other for criminal activity related to the seizure of 5 kg of opium. To resolve this dispute impartially, the Court has directed the CBI, Jodhpur, to conduct a thorough investigation.
The Court instructed that both the complaints—filed by the NCB and the State Police—should be combined into a single preliminary inquiry by the CBI. The CBI is tasked with investigating the matter and preparing a preliminary report on any criminal culpability. Should the findings warrant further action, the inquiry may be converted into a formal case with a charge sheet.
Justice Monga emphasized that the Superintendent of Police of the CBI in Jodhpur should personally oversee the investigation, ensuring no delegation of responsibilities to junior officials.
The case began when three NCB officials challenged a criminal case filed against them by the State police, which accused them of extortion and wrongful confinement. The State police alleged that the NCB officials sought bribes from a marble and granite business owner to avoid implicating him in a fabricated drug case.
In response, the NCB asserted that their actions were based on a legitimate tip-off about a large opium supply, and accused the police of trying to protect the real culprits involved in the drug trade. The NCB also filed a counter-complaint against a State police official.
Earlier, the High Court had directed the Director General of Police (DGP) of Rajasthan to form a special investigation team (SIT) to handle the case. However, the Court found that no significant progress had been made and thus decided to transfer the investigation to the CBI for an independent review.
The decision to involve the CBI was based on the need for an unbiased investigation due to the severe conflict between the NCB and police, which could not be adequately addressed by an SIT involving members of the involved agencies.
Senior Advocate Anand Purohit, along with advocates Mayank Roy and Kailash Khilery, represented the NCB, while Public Prosecutor Mahipal Bishnoi represented the State.
(With inputs from agency)
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