May 15: The high court today criticised the CID for not acting against a couple who had allegedly bought a baby from a doctor in violation of the juvenile justice act.

The division bench of Justice Ashim Kumar Roy and Justice Amitabha Chatterjee, which slammed the CID, was hearing a bail petition moved by Santosh Samanta, a doctor arrested by the investigating agency in November on the charge of trafficking newborns.

Citing provisions of the juvenile justice act, Justice Roy explained to advocate general Kishore Dutta how CID officers had violated the law.

The advocate general, in the presence of CID officers, admitted that the investigators lacked detailed knowledge about the act and assured the court that he would recommend to the government to ask the agency to follow the law.

Samanta, who was attached to a city nursing home, had allegedly sold a baby to a couple. Police started a probe following a complaint lodged by a woman who claimed she was the baby's mother.

The case was handed over to the CID after the police apparently realised that a racket involved in trafficking newborns was at work.

According to the case diary, Samanta was arrested after the CID traced the baby to the couple.

The baby is still with the couple, who are claiming they have adopted it.

The division bench had earlier asked the CID why it had not conducted a DNA test of the baby and directed the advocate general to appear before it on Monday.

When the case came up for hearing today, the advocate general submitted that the CID had already issued a directive asking the couple to get a DNA test done of the child. Justice Roy pointed out that the CID had failed to hand over the child to the Child Welfare Committee and take proper action against the couple who had allegedly bought the child from Samanta.

"According to the juvenile justice act, both the seller and the buyer are equally guilty but till date the CID has taken no action against the couple from whose custody the baby was recovered," Justice Roy told the advocate general.

The judge also pointed out that the couple, even if they had adopted the baby, had not done so with the approval of the Child Welfare Committee, as mandated by the act.

The advocate general admitted that the investigators lacked detailed knowledge about the act. "I will suggest that the government ask the CID to follow the provisions of the act while handling such cases in future."

The bench adjourned the order on the bail petition.