JUDGMENT :

Arvind Singh Sangwan, J.

Vide this common order, I dispose of all the aforementioned petitions, as it is noticed in many cases that the Investigating Officers, while conducting the investigation under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), are not adhering to the mandatory provisions of NDPS Act. Though it cannot be said at this stage whether the Investigating Officers are leaving a lacuna intentionally to do favour to the accused persons, as on the other hand, a common defence is taken by all the accused persons that they have been falsely implicated yet the lapses on the part of Investigating Officers need to be checked in future.

2. Separate replies by way of affidavits of Addl. Director Bureau of Investigation of both the States along with concerned Senior Superintendent of Police/Superintendent of Police have been filed in the Court today. For the sake of brevity, in all the affidavits, it is stated that the Investigating Officers have failed to comply with the provisions of NDPS Act and accordingly, departmental proceedings are initiated against them by the competent authority.

CRM-M-5074-2019

3. In the affidavit of Senior Super