(a) whether the Narcotics Control Bureau set up in, 1986
as the apex coordinating agency under the Narcotics Drugs and Psychotropic Substances Act has no powers to investigate any
of the drug pedalling cases booked over the year;
(b) if so, the reasons therefor stating the implications
involved in dealing with the pending and decided cases based on the NCB`s investigations; and
(c) the manner in which Government proposes to solve the cases of drug pedalling booked by NCB?
MINISTER OF STATE IN THE MINISTRY OF FINANCE ( SHRI GINGEE N. RAMACHANDRAN )
(a) : As per Ministry of Finance, Department of Revenue
Notification nos.6/86 to 8/86 [F.No.664/75/86-Opium] published
in the Gazette of India (Extraordinary) dated 01.01.86,
Narcotics Control Bureau is empowered to conduct investigations
in drug related cases. However, the Delhi High Court in its
judgement dated 13.12.2000 in the case of Kulwant Singh Vs State
has observed that NCB is not empowered to perform functions
under Sections 41, 42, 53 or 67 of the NDPS Act.
(b)&(c): Government has filed an appeal alongwith the stay
application in the Supreme Court of India against the judgement
of the Delhi High Court. The apex court has been pleased to
grant stay. Hence, as on date there is no change in the status
of the pending and decided cases based on NCB`s investigations
and those booked by the NCB. The matter being subjudice, no
remedial action is proposed to be taken at this stage.