Delhi Court demands action against Investigating Officer ASI Naresh Kumar for mishandling a drug case, focusing on minor offenders instead of main culprits. Judge Ekta Gauba Mann criticizes Kumar’s methodology, highlighting the need to uphold law without promoting criminal activities.
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NEW DELHI: A Delhi Court has called for action against Investigating Officer ASI Naresh Kumar for his handling of a drug case. Judge Ekta Gauba Mann of Tis Hazari Court emphasized this while proceeding with charges against three individuals under the NDPS Act.
Special Judge Mann scrutinized the Investigating Officer’s methodology, asserting that the IO, entrusted with upholding the law, should not inadvertently promote criminal activities. She emphasized the concern that the IO appeared to be disproportionately targeting minor offenders, such as delivery personnel, while neglecting to pursue the primary culprits responsible for the distribution of contraband. This observation, integral to an order issued on March 27.
The court’s directive was clear:
“Send copies of today’s order to the Special CP, Crime Branch, Delhi, to inform and take appropriate action against the Investigating Officer, ASI Naresh Kumar, who has failed to provide any justification for conducting the investigation in such a manner, the rationale for which remains unclear.”
Additionally, it mandated that an Action Taken Report (ATR) be provided by the Special CP, Crime, Delhi, regarding the IO within one month from the date of the order.
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A request filed by the Investigating Officer on January 13, 2023, resulting in the release of a key suspect, Farman Ali, from custody—a move that the court deemed unusual.
Special Judge Mann remarked-
“It’s indeed unusual that the Investigating Officer himself submitted an application on January 13, 2023, to the former judge of this Court, requesting the release or discharge of the accused Farman Ali, who was subsequently released from custody as per the order dated January 13, 2023.”
Despite further questioning of ASI Naresh Kumar in an open court session on March 12, 2024, no satisfactory explanation emerged for the selective arrest of specific accused individuals based on disclosures from co-accused.
Additionally, there was no clarification provided for the exemption given to Farman Ali, purportedly the primary supplier of the narcotics, or for the lack of investigation into Rahees, also known as Mufeed, who is described as the leader of the racket.
Charges were filed against three individuals: Shahban, Chand Babu, and Anita alias Kallo, under the NDPS Act. The court outlined the seizure of 2 kg of heroin from Shahban and 89 grams from Anita alias Kallo, establishing a prima facie offense under Section 21 of the NDPS Act for both defendants. Additionally, it was alleged that there was a criminal conspiracy involving the supply of 500 grams of heroin, facilitated by Shahban to Anita alias Kallo upon Chand Babu’s instruction.
Section 21 of the NDPS Act-
Punishment for contravention in relation to manufactured drugs and preparations-
Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,-
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
The court found adequate grounds to charge all three under Section 29 of the NDPS Act, citing corroborated disclosures and evidence, including recovered drugs, cash, and telecommunication records linking the accused.
Section 29 of the NDPS Act–
Punishment for abetment and criminal conspiracy-
(1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code, be punishable with the punishment provided for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India, which–
(a) would constitute an offence if committed within India; or
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(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.
