The Delhi High Court ruling holding that Narcotics Control Bureau (NCB) has no power to arrest a person for possessing narcotic drugs, has been challenged in a PIL before the High Court itself. Seeking to stay the recent judgement of a single bench of the High Court stating that the NCB has no legal authority to conduct searches, seizure and arrest of a person in connection with narcotic drug cases, the Public Interest Litigation (PIL) filed by Advocate D Hasija said the order would have wide ramification, especially in the context of the nexus between drug trafficking and arms smuggling by terrorists.
The petitioner said the union home minister in a recent statement had said there was a nexus between the drug mafia and terrorists, who were waging proxy war against the country.
Most of the persons arrested in connection with the drug trafficking cases by the NCB were hardened criminals and foreigners, particularly Afghans, Pakistanis, Nigerian and Sri Lankan, Hasija, who has sought notice to the Centre and NCB in his PIL said.
If all of them were released on the basis of the High Court judgement, they would create trouble for the country in many ways, he contended in the petition. Meanwhile, Advocate Rajesh Manchanda, a counsel for NCB said many persons arrested in connection with smuggling and possessing drugs by the bureau, had started moving bail applications before the trial courts seeking their release on the basis of the high court judgement.
Bureau Report