HC raps NCB for notice to Wankhede without probe
MUMBAI, April 22 -- The Bombay High Court on Tuesday questioned the Narcotics Control Bureau (NCB) regarding the basis for issuing notices to its former zonal director Sameer Wankhede over alleged irregularities in two cases supervised by him.
"In every crime, accusation is made against the officers. But why no proper investigation is done," the division bench of justices AS Gadkari and Kamal Khata asked the NCB, expressing displeasure over the NCB issuing notices to Wankhede without verifying the contents of an anonymous letter against him.
The anonymous letter, received by former minister Nawab Malik in 2021, alleged irregularities in the arrest of a Nigerian drug peddler and a purported drug case involving UK-based actress Sapna Pabbi; both cases were being supervised by Wankhede, an Indian Revenue Service officer.
The division bench referred to the anonymous letter, and raised concerns over the alleged leak of sensitive information from the department. The court directed the NCB to make a statement regarding the identity of the letter's source, whether any internal investigation was conducted into it, and how the agency took cognisance of the anonymous complaint.
The court was hearing a petition filed by Wankhede, questioning the NCB summons to him over anonymous complaints regarding irregularities in cases supervised by him.
As reported by HT earlier, the agency has initiated two preliminary enquiries against Wankhede - one regarding alleged irregularities in the arrest of a Nigerian drug peddler with a consignment of cocaine, and the other pertaining to a purported drug case involving UK-based actress Sapna Pabbi, who had worked with Sushant Singh Rajput in the 2019 film, Drive.
In his petition, Wankhede alleged that during his stint as the NCB zonal director, he was continuously targeted by Malik, especially after the arrest of the former minister's son-in-law, Sameer Khan, for alleged possession of narcotic substances. In November 2023, the ministry of home affairs addressed a letter to the NCB, directing it to conduct enquiries into the anonymous complaint received and forwarded by Malik in 2021. Between November 2023 and March 2024, the NCB issued 11 notices to Wankhede, prompting him to approach the high court, the IRS officer said in his plea.
Wankhede asserted that he was being targeted by the NCB, and the inquiry against him constituted an 'act of vengeance'. He alleged that while the basis of the complaint was the 'anonymous letter', a notice issued to him in March 2024 showed that Sapna Pabbi, still an accused in the drugs case, and Karan Sajnani, a co-accused in the case against Malik's son-in-law, were complainants in two separate cases against him.
During the hearing on Tuesday, Wankhede's counsel, senior advocate Rajiv Chavan and advocates Faiz Merchant and Faisal Shaikh, argued that the notices did not clarify under which provisions had been issued. Pointing out that both the complainants were themselves accused in two cases supervised by Wankhede, Chavan said that the NCB's enquiry was a "sham" and its submissions were "white lies".
"At least 39 accused were nabbed in these cases. Now based on the accused's complaint, you're going to investigate me?" the lawyer asked. He questioned the significance of the preliminary enquiry now, since the NCB had earlier made statements in the court and before the Central Administrative Tribunal (CAT) saying 90% of the enquiry was complete and the report was ready.
The NCB once again informed the court that 90% of the inquiry was complete and the report would be filed shortly.
"You are a public authority. An anonymous letter is received by you. What did you do in the last two years? Was there any investigation," the judges asked and directed the NCB to submit a progress report....
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