Liberal bail approach in drug cases uncalled for: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, January 18

The Punjab and Haryana High Court has asserted that organised activities of the underworld, the clandestine manufacturing of narcotic drugs and psychotropic substances, and its illegal trafficking have led to “deep-rooted problems of drug addiction among a sizeable section of the public, particularly the adolescents and students”.

The assertion came as Justice Ashok Kumar Verma took cognisance of the “serious and alarming proportions” attained by the drug menace in the recent years before making it clear that the problem was required to be curbed with an iron hand.

Justice Verma also made it clear that liberal approach in the matter of bail under the provisions of the NDPS Act was uncalled for. The assertions came during the hearing a petition for anticipatory bail filed against the state of Haryana through the Directorate of Revenue Intelligence.

The case has its genesis in intelligence input received from the Additional Director-General, Directorate of Revenue Intelligence, Hyderabad Zonal Unit, about the alleged clandestine manufacturing of ephedrine/pseudoephedrine or mephedrone in an industry in Yamunanagar district.

Appearing before Justice Verma’s Bench, senior standing counsel for respondent-complainant Saurabh Goel contended that the two petitioners were some of the partners of the industry from where 661.75 kg of ephedrine in wet form with grey market value of Rs132.35 crore and raw material of ephedrine valued at Rs 53 lakh was seized.

The petitioners’ counsel, on the other hand, submitted that the industry was manufacturing chlorinated parafin wax/plasticisers and other chemicals.

Dismissing the plea, Justice Verma asserted a court considering bail application with reference to Section 37 of the NDPS Act, dealing with commercial quantities of contraband, was not called upon to record a finding of innocence. It was essentially confined to the question of releasing the accused on bail.

Can’t trust the accused

In cases where manufacturing of heavy commercial quantity of narcotic drugs and psychotropic substances are involved, it cannot be said that the accused would not indulge in such activities which are lethal to society. — Justice Ashok Kumar Verma