The Punjab & Haryana High Court took action on Thursday by involving the CBI in a case concerning suspected drug trafficking within Amritsar's Central Jail, implicating jail officials.

In the process of involving the CBI as a respondent and issuing notice, Justice NS Shekhawat remarked that the police's failure to investigate the involvement of jail officials in smuggling makes it difficult for the ADGP (prisons) to take disciplinary action against them. This indicates a clear attempt to protect the guilty jail officials who were complicit in the crime alongside the main accused. Additionally, there has been a lack of effort in gathering evidence against other suspects involved in the case.

In a bail plea concerning the accused charged with drug trafficking under Sections 21, 27-A, 29 of the NDPS Act, and 25 of the Arms Act, these observations were made. The Court, in a previous order, acknowledged the prosecution's claim that the petitioner had connections with Pakistani nationals and was in communication with other accused from Amritsar Central Jail.

The Court had requested a status report from the SSP Gurdaspur to explain why the jail officials were not included as co-accused, given that the accused allegedly made calls from within the jail premises and engaged in drug trafficking activities.

The status report submitted by the SSP stated that the investigating agency had made diligent efforts to trace the call details of the specified numbers. However, the numbers in question were international, rendering them untraceable. Despite efforts, the call records could not be obtained.

When questioned by the Court about the investigation conducted, both the Investigating Officer and DSP Gurdaspur failed to provide a satisfactory response, as noted by the Court.

Justice Shekhawat remarked that it was surprising that the query of the Court regarding the inclusion of jail officials as accused in the case was not addressed by the SSP in the affidavit.

In light of the fact that the police have not undertaken an investigation into the involvement of jail officials in the smuggling activities, the Court observed that it would be impossible for the ADGP (Prisons) to initiate any departmental action against them. Consequently, the Court impleaded the CBI as respondent no. 2 and issued a notice.

The matter is deferred to February 29, for further consideration.

Appearance: Rishu Mahajan advocate for the petitioner.

M.S. Bajwa for Punjab.