23,647 arrests under NDPS for non-commercial quantity; HC records assurances against false implication

Amid an unprecedented surge in narcotics cases involving ‘non-commercial quantities’ across Punjab and Haryana, the High Court has recorded categorical assurances from both states that innocents will not be falsely implicated.

The assurance came in the backdrop of concerns that false implication was being resorted merely to inflate figures under anti-drug campaigns. The Bench, at the same time, made it clear that “no common or an innocent person would be harassed or put to unwarranted prosecution” without concrete and cogent evidence.

“In such circumstances, probability of planted recovery becomes higher by misuse of said drug even at the end of police officials. Such apprehension is quite large in the wake of periodic amendments by the Chief Minister with DGP, Punjab, that those police officials will be beautified in addition who will lodge higher number of cases,” the Bench noted.

Justice Sandeep Moudgil was hearing a bunch of petitions filed by accused already admitted to regular and anticipatory bail. Among other things, they raised a serious concern that the cases by and large involved false implication.

As the matter came up for resumed hearing, the Bench was informed that there was an unprecedented rise in the registration of FIRs. As many as 23,647 arrests had been made in such cases. Besides this, the alleged contraband seized was only in the form of tablets—either loose or in strips—with no batch number or expiry date in more than 20,000 FIRs of the same category.

Taking note of the apprehensions, Justice Moudgil asked Punjab Advocate-General MS Bedi to obtain instructions from state DGP Gaurav Yadav. The court was assured that no case of false implication would be registered. The scheme ‘Yudh Nasheyan Virudh’ would be implemented “only in its true letter and spirit after taking due care and protection of innocent persons”.

He also assured the court that all “necessary cautions” would be adopted by the law-enforcing agency to take corrective measures “in an endeavour to protect innocents”. The Haryana counsel, on his part, submitted that there was no instance of false implication in the state, but also assured that the concerns voiced by the petitioners and the court would be taken up with the DGP and Home Secretary to ensure “no innocent is dragged into cases to inflate figures”.

Referring to the assurances, Justice Moudgil observed: “The counsel for the petitioners are categorise to say that they do not have any grudge and wish to get the matters disposed of without pressing the issue any further at this stage. Accordingly, the petitions stand disposed of with above observations as it does not warrant further interference of this Court.”