The Supreme Court on Tuesday refused to entertain Shiromani Akali Dal (SAD) leader Bikram Singh Majithia’s plea to quash the FIR registered against him under the Narcotic Drugs and Psychotropic Substances Act, 1985, and asked him to instead approach the Punjab and Haryana High Court.
“Why should we entertain this petition and you have your full remedies? Can you not seek relief before the Punjab and Haryana High Court?” Justice D Y Chandrachud, presiding over a three-judge Bench, asked senior counsel Kapil Sibal, appearing for the petitioner.
The senior counsel responded that the single judge had already taken a view in the matter and that it was now before the division Bench.
But the Bench, also comprising Justices Surya Kant and P S Narasimha, said: “We are not inclined to entertaining the petition filed under Article 32. Petitioner is at liberty to move the division Bench of the Punjab and Haryana High Court seeking quashing of the FIR and for grant of bail.”
Ahead of the Punjab Assembly polls, the top court had on January 31 protected him from arrest till February 23 in the case so that he could undertake electioneering. It, however, asked him to surrender after the election and said he could then seek regular bail.
He was booked under the NDPS Act on the basis of a 2018 report of a probe into a drugs racket operating in Punjab. Majithia, however, contended that the case against him “was blatantly political in nature” and that the FIR was registered on December 20, 2021, concerning offences of the period 2004-2015.
He was booked under Sections 25 (punishment for allowing one’s premises for its use for the commission of an offence), 27A (for financing sale, purchase, production, manufacture, possession, transportation, use or consumption, import, and export or any act pertaining to narcotics) and 29 (abetting or plotting an offence) of the NDPS Act.