Role Of Jail Officials In Drug Smuggling From Prison Will Be Investigated: Punjab Govt Tells High Court

After facing the Punjab and Haryana High Court's wrath the Punjab Government  informed the Court that committees at the range and commissionerate levels have been constituted to scrutinise cases involving drugs smuggling from Punjab Jails.

Justice N.S Shekhawat had highlighted the "unholy collusion between the police officials and the jail officials" and said that it appears that SSP had taken a "very casual approach" in interrogating the jail officials, who were promoting smuggling from Central Jail, Amrtisar.

In compliance of Court's direction to depute "a very senior officer" to probe cases involving smuggling from jail, the Punjab State Counsel submitted that, "the Senior Superintendent of Police himself is now examining the role of jail officials and an application shall be moved to the trial Court for getting the permission to get the matter investigated further."

He further assured the Court that the role of jail officials shall be investigated fairly and impartially and in case, any jail official is found involved, "he shall not be spared and appropriate legal action shall be taken against him."

The State counsel placed on record a copy of the order dated May 16 passed by the Director General of Police, Punjab, whereby, he has constituted Range Level / Commissionerate-Level Committees to examine the files of all cases registered under NDPS Act, where there are allegations of smuggling from various jails of Punjab.

While adjourning the matter for July 28, the Court said that the status report of investigation may be filed by way of an affidavit of Senior Superintendent of Police, District Amritsar (Rural) and directed him to monitor the investigation in the present case personally.

The Court was hearing three connected petitions, wherein the accused were allegedly involved in smuggling operations while confined in Central Jail.

It had observed that such smuggling was not possible without the “active collusion” of senior jail officers and the local police. Clear directions had been issued to the SSP to personally examine the investigation file and submit an affidavit explaining why jail officials had not been arraigned as accused.

However, the SSP delegated the matter to a Deputy Superintendent of Police (DSP), the Court noted.

"It is shocking to note that instead of interrogating/questioning the jail officials immediately and to probe their involvement in smuggling, the official letters were sent to the jail officials. Surprisingly, the police is waiting for the senior jail officials to take departmental action against the suspects," the Court observed on the last hearing.

It further added that the Court is equally pained to notice that by way of official letters, certain queries have been put to the Superintendent of Police, Central Jail, Amritsar, who himself was a suspect, being head of the jail administration and without his active connivance, the mobile phones could not have been taken inside the jail.

"Apart from that, in a way, the police had delegated the powers of investigation to the jail officials, i.e., the suspects in crime, which could not be permitted in law. It appears that the mandatory provisions of law were completely brushed aside, which highlights the unholy collusion between the police officials and the jail officials," the bench had further stated.

 Mr. Rishu Mahajan, Advocate for the petitioner in CRM-M-43555-2024.

Mr. Ankur Jain, Advocate for the petitioner in CRM-M-45561-2024.

Mr. Hitesh Chopra, Advocate with Mr. Amit Kumar, Advocate for the petitioner in CRM-M-1577-2025.

Mr.M.S.Bajwa, Deputy Advocate General, Punjab.

Title: SHAMSHER SINGH @ SHERA VS STATE OF PUNJAB

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