BRAHMAJI Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-2008-11-126
HIGH COURT OF ALLAHABAD
Decided on November 17,2008

BRAHMAJI Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

AMAR SARAN, R.N.MISRA, J. - (1.) WE have heard Shri D.R. Chaudhary, learned Government Advocate and pe­rused the common affidavit filed on behalf of the Principal Secretary, Medical and Health, U.P., Drug Controller, U.P. and the Director General, Health Services, U.P. and the affidavit on behalf of the Director Gen­eral of Police, U.P. dated 17.11.2008.
(2.) AT the outset, we must express our utter disappointment with the two affida­vits filed today. Clear directions were given in our last order dated 14.10.2008. We find that either the directions have not been prop­erly understood or not answered and not complied with. Thus, to our directions to the Drug Controller and the Director Gen­eral, Health Services and the Director Gen­eral of Police, U.P. to take stringent meas­ures and to exhaust all available options in law to apprehend the nine persons, who were absconding in the spurious drug re­lated offences, in which they were wanted. Instead of taking effective measures for compliance an approach of simply passing the buck to subordinate officials has been followed and the Assistant Drug Controllers/Senior Inspectors of Drugs, Meerut, Gorakhpur, Devi Patan and Kanpur divi­sions have been directed by the letter dated 7.11.2008 to contact the concerned police officials to apprehend the eight persons, who are still absconding. What steps these. Assistant Drug Controllers/Senior Inspec­tors of Drug have taken in pursuance of this letter have not been clarified.
(3.) IN the affidavit filed on behalf of the Director General of Police, U.P. It has merely been mentioned that a Circular let­ter dated 6.11.2008 has been issued by the DGP wherein general directions have been given for arresting the eight accused per­sons without any delay, whose arrests were pending for a long time and merely a status report has been called for by 14.11.2008. The particulars of the measures taken for the arrest of the eight accused such as for initiation of proceedings under sections 82 and 83 of the Code of Criminal Procedure etc. have not been mentioned. We would like better particulars from both the police and health authorities about the concrete steps taken in respect of the aforemen­tioned directions for arresting the abscond­ing accused.;


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