Punjab & Haryana High Court Stays Trial Against Cop Accused Of Selling Drugs In Jail

The Punjab & Haryana High Court has stayed trial court proceedings against a Constable posted on security duty at Central Jail, Bathinda, who has been chargesheeted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and Section 52 of the Prisons Act, 1894 for allegedly selling drugs in prison.Justice Ramesh Chander Dimri issued notice of motion on the cop's petition seeking quashing of the FIR, the final report, and the consequential orders."Notice of motion returnable on 09.09.2026. Further proceedings before the trial Court shall remain stayed in the meanwhile," the Court ordered.The prosecution's case rested on secret information alleging that the petitioner had facilitated the supply of intoxicating substances to certain undertrial prisoners in exchange for money. It was alleged that ₹77,000 had been transferred via UPI to a mobile number linked to the petitioner's mother's bank account, and that the petitioner had made an extra-judicial admission before the police.According to the cop's petition however, the investigation itself undermined the prosecution's case. The investigating agency traced the UPI transaction and recorded the statement of the person who had transferred the money, one Sukhmanbir Singh, who stated that the ₹77,000 had been sent at the request of undertrial prisoner Jobanjit Singh solely for purchasing clothes, and not for procuring any intoxicating substance. The petition asserted that the police found no evidence connecting the transaction to the supply of narcotic drugs or psychotropic substances, and that the alleged involvement of undertrial prisoners Jobanjit Singh and Lokesh Jain found only casual mention in the final report, unsupported by any admissible statements recorded against the petitioner.The petitioner challenged the very maintainability of the prosecution, contending that under Section 59(3) of the NDPS Act, no court can take cognizance of an offence punishable under Section 59(2) except upon a complaint made with the previous sanction of the Central or State Government. It was contended that despite this mandatory requirement, the police filed a final report under Section 193 BNSS (corresponding to Section 173(2) Cr.P.C.) instead of a sanctioned complaint, rendering the cognizance taken by the Special Court, and the consequent framing of charges, without jurisdiction.It was further contended that the charge framed under Section 52 of the Prisons Act was equally unsustainable, since that provision merely enables a Jail Superintendent to refer a prisoner to a Magistrate for trial where departmental punishment is considered inadequate, a procedure that was never followed in the present case and that, in any event, no FIR could have been registered for an offence under Section 52. It was additionally argued that the proviso to Section 52 bars double punishment for the same act, making a parallel prosecution under the Prisons Act impermissible once proceedings under the NDPS Act had already been initiated on the same allegations.Mr. Nikhil Ghai, Advocate for the petitioner.Title: JASKARAN SINGH VS STATE OF PUNJABclick here to read order

Punjab & Haryana High Court Stays Trial Against Cop Accused Of Selling Drugs In Jail

Aiman J. Chishti

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Aiman J. Chishti

Punjab & Haryana High Court Stays Trial Against Cop Accused Of Selling Drugs In Jail

Aiman J. Chishti

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Aiman J. Chishti

This is a premium content
Available exclusively to
Our subscribers