J&K Court Orders SIT Probe Into Alleged Illegal Sale Of Drugs, Pulls Up Police For 6-Month Delay In Filing FIR

The Principal Sessions Judge (Special Judge under NDPS Act), Udhampur, Virinder Singh Bhou, directed the SSP Udhampur and the SHO of Police Station Udhampur for constituting a Special Investigation Team (SIT) to probe serious allegations of illegal sale of psychotropic substances and tampering of patient records.

The directions came after the complaint sought an investigation into alleged large-scale violations involving a private neuro-psychiatric clinic in Udhampur, where proprietors were dispensing Schedule III psychotropic medicines, covered under the NDPS Act, without any authorised doctor.

The case was initiated when a retired Lieutenant Colonel of the Indian Army, an MBBS and MD (Psychiatry), who had served extensively in military hospitals, filed a complaint under Section 175(3) of the BNSS, 2023, before the Chief Judicial Magistrate, Udhampur.

The complainant had briefly served as the doctor-in-charge. After resigning from the clinic in January 2025, the complainant alleged that the proprietors continued to dispense Schedule III psychotropic medicines, covered under the NDPS Act, without any authorised doctor, misusing his name on prescriptions, forging records, and tampering with patient files.

A multi-department inspection team, comprising the Additional Superintendent of Police, the District Tuberculosis Officer, and the Drugs Control Officer, allegedly found that over 2,300 tablets had been sold illegally. The drugs were “frozen” under the Drugs and Cosmetics Rules, 1945, but the complainant claimed they were later removed and obliterated.

The Chief Judicial Magistrate returned the application on 22 May 2025, noting that jurisdiction lay with the Special Court under the NDPS Act, i.e., the Principal Sessions Judge. The complaint was then placed before Judge Bhou.

In his order, the Judge noted that the allegations were “cognizable in nature” and punishable with more than seven years' imprisonment, leaving no scope for a preliminary inquiry under Lalita Kumari v. Govt. of UP. Despite this, the SSP Udhampur had ordered such an inquiry in February 2025, not only without jurisdiction under BNSS 2023, but allowing it to drag on for six months, far exceeding the statutory 14-day limit under Section 173(3) BNSS.

The Court observed, “The delay in registering the FIR only reflects extraneous considerations and slackness in the matter… failure on the part of the police to take legal action… cannot be permitted to be brushed aside.”

The Court further noted that the preliminary inquiry's findings, including the removal of seized drugs and other serious irregularities, had been “conveniently ignored” by the SSP and other senior officials.

The court directed that an FIR be registered forthwith for offences under Sections 61, 212, 228, 229(2), 318, 335, 336(3), 340 of BNS 2023, Sections 8, 9A, 21, 22, 25, 25A, NDPS Act, 1985, and other applicable laws.

It directed that an SIT be constituted with officers of integrity and professionalism, assisted by the District Tuberculosis Officer, CMO Udhampur, and Drugs Control Officer, and a compliance report to be submitted within a week.

While the Court acknowledged its power under Lalita Kumari to recommend disciplinary action against the officers for failing to register an FIR, it instead issued a “note of caution” to ensure vigilance in handling future complaints involving serious offences.

APPEARANCE:

Case-Title: Lt. Col. Dr. Charanpreet Singh vs Shiva Sharma & Ors, 2025

Aseem Kumar Sawhney, Advocate for petitioner

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