Delhi Court calls for action against official over release of main drug supplier in NDPS case

New Delhi [India], March 29 : A Delhi Court has called for action against an Investigation Officer (IO) over the release of the main 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 observed that IO is leaving big fish and catching only small fish.
"IO, being the law protector, should not be allowed to become a crime promoter, as he is leaving the big fish, i.e., the main culprit who is supplying the contraband but only catching the small fish, i.e., the delivery boys, who are delivering the contraband," Special Judge Mann said in the order passed on March 27.
"Copies of today's order be sent to the Special CP, Crime Branch, Delhi for information and necessary action against the IO, ASI Naresh Kumar, who has not given any justification for conducting the investigation in the said manner for the reason best known to the IO," the Special Judge ordered.
The court directed that the Action Taken Report (ATR) be called through the Special CP, Crime, Delhi, against the said IO within one month from today.
The court expressed its displeasure and said, "It is a very strange fact that IO has himself moved an application on January 13, 2023, before the learned predecessor of this Court for release/discharge of accused Farman Ali and accused Farman Ali was released from custody vide order dated January 13, 2023."
"Although on the verbal inquiry from the IO in the open court made on March 12, 2024, IO ASI Naresh Kumar has given no justification for arresting some of the accused persons on the basis of disclosure of the co-accused in the present case and of seeking release of the main accused,, Farman Ali, the alleged supplier of the contraband and of not investigating accused Rahees alias Mufeed, the Head racketeer," the special Judge Mann said.
The court has framed charges against three accused Shahban, Chand Babu and Anita alias Kallo, under NDPS.
The Court said that From the perusal of the chargesheet, there are allegations of recovery
of 2 kg of contraband (Heroin) from the possession of accused Shahban and recovery of 89 grams of contraband (Heroin) from the possession of accused Anita alias Kallo.
"So, a prima facie offence under Section 21 of the NDPS Act is accordingly made out against accused Shahban and accused Anita alias Kallo for the respective recoveries of contraband from them," the court said.
The court further said that there are allegations of criminal conspiracy between accused Shahban, accused Anita alias Kallo and accused Chand Babu about the supply of 500 grams of contraband (Heroin) by accused Shahban to accused Anita alias Kallo at the behest of accused Chand Babu.
The court observed, "The disclosures are corroborated by the fact that even 89 grams out of said 500 grams of Heroin has been recovered from accused Anita alias Kallo, along with Rs 1,80,750 and the Sim card taken on the ID of accused Chand Babu was used by her in her
mobile phone and vice versa and there are also CDR details between them."
"So, a prima facie offence under Section 29 of the NDPS Act is made against all three accused persons, namely accused Chand Babu, accused Anita alias Kallo and accused Shahban," the court observed.
The Court ordered, "Hence, accused Shahban and accused Anita alias Kallo be charged for the offences punishable under Sections 21 and 29 of the NDPS Act and accused Chand Babu be charged for the offence punishable under Section 29 of the of the NDPS Act."
As per the Delhi police charge sheet, at the instance of the secret informer on November 5, 2022, at Rani Jhansi Road, accused Shahban was caught and a total of 2 kg of heroin was recovered from the bag of accused Shahban.
In the instance of accused Shahban, he has already delivered another 500 grams of heroin/smack to co-accused Anita. So, she was arrested and 89 grams of heroin/smack and Rs 1,80,750 were also recovered from her as she alleged that she had sold the remaining smack and earned the said amount, the police said.
Some allegations allege Anita was using the SIM card in her mobile phone issued with the name ID of co-accused Chand Babu and vice versa and there were CDRs in between them.
In her instance, co-accused Chand Babu was arrested as the supplier of said 500 grammes of smack to accused Anita through co-accused Shahban.