The Rajasthan High Court has ordered the Central Bureau of Investigation (CBI) to conduct a probe after officers from the Narcotics Control Bureau (NCB) and the Rajasthan police accused each other of misconduct in a case related to the illegal supply of opium [Khiya Ram Jat and Ors. v. State of Rajasthan and Ors.].
The State police alleged that NCB officials attempted to extort money by threatening to falsely implicate two men in a drug case. In response, the NCB officials claimed that the police were colluding with the drug mafia.
In a July 26 order, Justice Arun Monga noted that the situation involved a serious conflict between the two investigative agencies, each accusing the other of criminal involvement in the case concerning 5 kg of opium.
Justice Monga determined that a neutral third party should investigate the matter and assigned the CBI, Jodhpur, to handle the probe.
The Court directed that both complaints, one registered by the NCB and the other by the State police, should be combined into a single preliminary inquiry by the CBI. The CBI is to conduct a thorough investigation and produce a preliminary report on any criminal culpability. If warranted, this inquiry could lead to the registration of a formal case and the filing of a charge sheet.
The Court also specified that the Superintendent of Police for CBI, Jodhpur, must personally oversee the investigation, without delegating it to a junior official.
This order came in response to a petition filed by three NCB officials challenging a criminal case filed against them by the State police, accusing them of extortion and wrongful confinement under the Indian Penal Code (IPC).
The State police claimed that the NCB officials had attempted to extort ₹30 lakhs from the complainant and his brother, who were in the marble and granite business, by threatening to implicate them in a fake drug case if they did not pay.
On the other hand, the NCB argued that they were acting on a legitimate tip-off regarding the supply of 8-10 kg of opium and had obtained all necessary permissions to proceed. They further claimed that the police were attempting to protect the real culprits and were also involved with the drug mafia.
The NCB also registered a counter-complaint against a State police official.
Previously, a different Bench of the High Court had ordered the Director General of Police (DGP) of Rajasthan to form a special investigation team (SIT) to look into the matter. However, after discussing the issue with both the DGP and the NCB’s zonal authority, the Court decided that it was more appropriate to transfer the investigation to the CBI.
Senior Advocate Anand Purohit, along with advocates Mayank Roy and Kailash Khilery, represented the Narcotics Control Bureau, while Public Prosecutor Mahipal Bishnoi represented the State.
