Pargat Singh alias Kaka Son of Raj Singh v. State of Haryana and Others, 2025
The High Court’s direction reflects the judiciary’s concern over the inefficiency and possible complicity of police in NDPS investigations, particularly regarding arrest of accused persons.
Judgement Details
Court
Punjab and Haryana High Court
Date of Decision
21 August 2025
Judges
Justice N.S. Shekhawat
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The Court was hearing a plea seeking directions for the State to conduct a fair and impartial probe into NDPS cases or alternatively to hand over investigations to an independent investigating agency.
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The petitioner is alleged to be a habitual offender and notorious drug smuggler, involved in 12 criminal cases under the NDPS Act, Arms Act, and IPC.
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Despite an FIR being registered against the petitioner on February 6, 2025, the police have failed to arrest him even after six months, raising concerns about police inaction or collusion.
Issues
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The inaction of police in arresting accused persons under the NDPS Act for over six months?
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Whether police have taken steps under Section 84 of B.N.S.S. to declare such accused as proclaimed offenders/proclaimed persons?
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Whether police have moved court applications for the attachment of movable and immovable properties of absconders?
Held
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The Police inaction in arresting habitual offenders under the NDPS Act for extended periods is unacceptable and raises suspicion of collusion with accused.
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The Proper enforcement of Section 84 B.N.S.S. is necessary to deal with absconders.
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The Police must take legal steps including attachment of properties of absconders to ensure effective enforcement.
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There must be supervision and accountability in the investigation of NDPS cases to prevent negligence.
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The Court expects timely compliance with these directives before the next hearing.
Analysis
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The High Court’s direction reflects the judiciary’s concern over the inefficiency and possible complicity of police in NDPS investigations, particularly regarding arrest of accused persons.
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Emphasis on the use of proclaimed offender declarations and property attachment underscores the need for legal tools to be actively used to prevent absconding and to disrupt criminal activities financially.
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The order aims to ensure transparency and accountability in law enforcement by mandating reports and possible disciplinary actions against negligent officers.
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This case underscores the broader problem of enforcement gaps in NDPS-related crimes and the judiciary’s active role in demanding corrective action.