Bombay HC Questions NCB’s Due Diligence In Summoning Sameer Wankhede; Flags Action Based On Unverified Anonymous Complaints

Mumbai: The Bombay High Court has recently scrutinized the Narcotics Control Bureau (NCB) over its procedural conduct in issuing notices to its former zonal director, Sameer Wankhede. During a hearing on Tuesday, a division bench comprising Justices A.S. Gadkari and Kamal Khata expressed significant displeasure over the agency’s decision to summon the Indian Revenue Service (IRS) officer without first conducting a thorough internal investigation into the origins of the allegations against him.

The court’s primary concern centered on whether the agency had exercised due diligence before acting on an anonymous complaint that has been circulating for several years.

The legal proceedings involve a petition filed by Wankhede, challenging a series of summons issued by the NCB. These summonses pertain to two preliminary inquiries initiated by the agency into alleged irregularities in high-profile cases previously supervised by Wankhede. One inquiry concerns the arrest of a Nigerian drug peddler and the seizure of cocaine, while the other relates to a drug case involving UK-based actress Sapna Pabbi. Wankhede has argued that these inquiries are not based on genuine evidence but are instead an “act of vengeance” and a “sham” designed to target him for his past professional actions.

The court specifically questioned why the NCB issued notices to Wankhede without verifying the contents of an anonymous letter received by former minister Nawab Malik in 2021. This letter forms the basis of the current allegations of irregularities. The bench highlighted the paradox of a public authority acting on anonymous tips years later, questioning why no proper investigation into the letter’s source or the validity of its claims was conducted between 2021 and 2023. The judges also raised concerns regarding departmental security, questioning how sensitive information could have been leaked into an anonymous letter in the first place.

Wankhede’s legal team, led by senior advocate Rajiv Chavan, contended that the timing and nature of these notices suggest a political vendetta. Wankhede alleges that he became a target following the arrest of Nawab Malik’s son-in-law, Sameer Khan, and the high-profile arrest of Aryan Khan in the 2021 cruise drug case. His counsel pointed out that between November 2023 and March 2024, Wankhede received 11 notices from the NCB, prompting him to seek judicial intervention. Furthermore, the defense argued that individuals now making complaints against Wankhede, including actress Sapna Pabbi and Karan Sajnani, are themselves accused in cases previously supervised by him.

In response, the NCB filed an affidavit through Vishal Sanap, Deputy Director General of the South West Region. The agency denied that its investigation was influenced by political pressure or specifically by Nawab Malik. It further clarified that the current inquiry was initiated based on two identifiable, non-anonymous complaints rather than the 2021 letter. The NCB maintained that it has a legal obligation to examine any allegations of irregularities involving its officers and that the current probe is at a “preliminary verification stage” to assess the merits of the claims.

The agency also addressed the issuance of summons, stating that they were intended to provide Wankhede a fair opportunity to present his case, in line with the principles of natural justice. The NCB further accused Wankhede of delaying the investigative process by filing multiple petitions and initiating various legal proceedings since early 2024.

The broader context of this legal battle includes Wankhede’s prior interactions with other central agencies. In May 2023, the Central Bureau of Investigation (CBI) registered a case against him on charges of bribery and extortion, alleging that he demanded ₹25 crore to avoid naming Aryan Khan in the cruise ship drug case. Additionally, the Enforcement Directorate (ED) registered a money laundering case based on the CBI’s findings. Wankhede has consistently denied these charges and has secured interim protection from coercive action from the High Court in those matters.

The High Court has now directed the NCB to submit a detailed progress report on its internal investigation into the anonymous letter and its source.

The next hearing is scheduled for April 28.

Case Title: Sameer Wankhede v. Narcotics Control Bureau & Ors.