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Journalism of Courage
Madhya Pradesh opium haul case: In a case, which saw a seizure of over 25,000 kilograms of opium, the SAFEMA appellate tribunal has given a clean chit to a police constable, accused of being part of an interstate drug syndicate.
The tribunal bench comprising members Rajesh Malhotra and Balesh Kumar dismissed an appeal filed by the Central Bureau of Narcotics (CBN), the investigating agency in the case. The agency was challenging the order of the competent authority which set aside the CBN’s attachment order of August 29, 2022 for the attachment of properties of police constable Pankaj Kumawat.
The case allegedly involves seizure of 25,576.950 kilograms of opium by the CBN from the godown of M/s Hitanshi Trading Company, in Madhya Pradesh. The CBN claimed that the owner of the godown was the key operator of an extensive drug trafficking network and Kumawat was a close associate of the godown’s owner and one of the co-accused in the case.
Advocate Vikalp Sharma appearing for Kumawat pointed out to the tribunal that properties were frozen as Kumawat was charge-sheeted in NDPS case along with the other accused persons. He further informed the tribunal that his client had been acquitted by a trial court and no appeal was filed by the state against the order of acquittal.
The tribunal, therefore, dismissed CBN’s plea while noting that no appeal was pending against Kumawat and that the trial court’s order acquitting him had attained finality.
The CBN alleged that Kumawat misused his official position to facilitate the transport of narcotics and provide security to the consignments. It was further alleged that he earned large sums of money from the illicit trade, routing the proceeds through various bank accounts belonging to his mother and sister.
It came on record that properties belonging to Kumawat and his family members were attached and frozen for allegedly being acquired from the proceeds of drug trafficking.
Kumawat challenged the freezing and attachment orders which came to be set aside later by the competent authority in Mumbai. The CBN filed an appeal against this order before the appellate tribunal. Meanwhile the trial court, in March 2025, acquitted Kumawat of all charges while convicting the other accused persons in the case under the NDPS Act for 15 years.
Subsequently the tribunal dismissed the appeal filed by CBN.
Advocate Sharma said that “the CBN had proceeded on incorrect assumptions without verifying the financial documents, bank records, and property papers that clearly showed legitimate sources of income.”
His also said that Kumawat was suspended after the case was registered against him and his plea for reinstatement is still pending.
