[Punjab’s Biggest Drug Syndicate] “Cop Who Exposed It Was ‘Victimised’ By AAP Govt”: SC Upholds CBI Probe

In a setback to the Aam Aadmi Party-led Punjab government, the Supreme Court last week refused to interfere with a Punjab and Haryana High Court order that transferred the investigation of a drug seizure case from the local police to the Central Bureau of Investigation (CBI). The top court observed that the police officer who caught the haul was being “victimised” by the state.

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NEW DELHI: In a setback to the Aam Aadmi Party-led Punjab government, the Supreme Court declined to intervene in a Punjab and Haryana High Court order. The order in question transferred the investigation of a major drug seizure case from the local police to the Central Bureau of Investigation (CBI).

The Supreme Court, in its decision, emphasized that the police officer responsible for the drug bust was being “victimized” by the state government.

On October 18, a bench consisting of Justices Bela Trivedi and S.C. Sharma dismissed the Punjab government’s appeal, which challenged the High Court’s October 4 order. This order had transferred the case to the CBI. The Punjab government, represented by senior advocate Abhishek Singhvi and a team of other senior lawyers, argued vigorously that the High Court’s ruling was flawed with “legal infirmities” and claimed that the ruling had been issued based on the petition of a police officer already under scrutiny.

Punjab’s government also sought to revoke the protection from arrest that had been granted to the officer in question, who is accused of accepting bribes from pharmaceutical companies. The government criticized the officer for omitting this detail in the chargesheet related to the drug-seizure case.

However, the Supreme Court remained firm in its stance. The bench did not even issue a notice to the officer, refusing to consider Punjab’s allegations. Ultimately, the court’s rejection of the state’s appeal cleared the path for the CBI to begin its investigation into both the drug haul case and the corruption allegations against the officer.

Officer Accuses Punjab of Intimidation

The Punjab and Haryana High Court’s October 4 order, which had been under review by the Supreme Court, was based on a petition filed by Deputy Superintendent of Police (DSP) Vaninder Kumar Mahajan. In his petition, Mahajan alleged that the corruption case against him was part of a broader scheme by the Punjab government to “harass” him for exposing a massive drug syndicate.

Mahajan, in his defense, claimed that he had played a pivotal role in unveiling the operations of major pharmaceutical companies involved in what he referred to as the “biggest drug syndicate.” The High Court, acknowledging Mahajan’s efforts, observed:

“Possibility of people with clout and presence at different levels of administration cannot be ruled out.”

According to Mahajan’s petition, he was part of the Special Task Force (STF) and had made one of the most significant synthetic drug recoveries in Amritsar in February of this year. During the seizure, nine cartons of tramadol tablets and eight cartons of alprazolam were confiscated, along with cash.

Further investigations led to more arrests and additional seizures, with police inspecting drug manufacturing premises in Himachal Pradesh’s Baddi and Nalagarh, as well as in Maharashtra. These inspections revealed that the companies had been manufacturing drugs far beyond their authorized limits.

Mahajan’s investigation revealed how the drug mafia used fake bills to transport the illegal medicines. His team conducted a thorough scientific investigation, finalizing the chargesheet within 180 days. While the chargesheet named 12 individuals, it also indicated that the investigation into pharmaceutical companies was still ongoing. Mahajan claimed that the names of these companies had been recorded in the “zimnis,” a document that chronicles the investigation’s sequence of events.

Following this, Mahajan alleged that there were attempts to “muzzle” him, and that suspicions were raised about his role in the investigation. On September 18, the STF filed a case against him, accusing Mahajan of accepting bribes from a pharmaceutical company. This case was reportedly based on the statement of another police officer, who claimed to have witnessed the bribe being offered.

Calling the allegations baseless, Mahajan sought the High Court’s intervention to transfer both the drug seizure and the corruption case to the CBI, citing concerns of bias and harassment by the state government.

A ‘Statewide Problem’

Taking into account the gravity of Mahajan’s allegations and the extensive drug network he helped uncover, the High Court observed:

“Given the volume of trade, the manner in which it operates and the nature of allegations levelled, before proceeding any further in the matter, I deem it appropriate to direct the CBI to carry out a preliminary inquiry into the matter.”

In response to a request from the CBI, the court instructed Punjab’s government to provide additional police personnel to assist the central agency in its investigation. The court further observed,

“An investigation of such an important statewide problem cannot be stalled on the pretext of lack of resources.”

The High Court also remarked on Punjab’s tarnished reputation due to the high prevalence of drug use in the state. Referring to the large-scale drug network uncovered by the seizure, the court noted that the “racket” involved inter-state operations and issued a stern warning to officers who failed to comply with the order to assist the CBI.

“All the authorities are directed to extend their full cooperation to the CBI for getting the truth uncovered,”

-the High Court added.

Punjab’s Arguments in the Supreme Court

Before the Supreme Court, the Punjab government presented several arguments against the High Court’s decision. One of its main contentions was that the High Court had not allowed the state to present its case before transferring the investigation to the CBI—a move that the Punjab government argued should only occur in “very rare instances.”

Additionally, Punjab argued that the High Court had overlooked “sterling evidence” against DSP Mahajan. The state insisted that Mahajan’s dissatisfaction with the local investigation should not have been the sole reason to transfer the case to the CBI, and that the local police should have retained jurisdiction over the investigation.

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