Drug trafficking no routine crime; ‘firm, resolute action’ imperative: High Court

The Punjab and Haryana High Court has made it clear that drug trafficking today is no longer a routine crime but a serious threat to society, the economy and even national security. Declining anticipatory bail in a case involving drone-dropped heroin near the International Border, the Bench reiterated its role as guardian of citizens and ruled that drug-related offences demanded a firm and resolute judicial response, as they struck directly at the lives and future of the country’s youth.

The assertions came as Justice Sandeep Moudgil asserted those engaged in such illegal activity must face firm and effective legal action. The Bench was hearing the pre-arrest bail filed by an accused in a case registered at the Sarai Amanat Khan police station in Tarn Taran after a packet containing 510 grams of heroin was recovered from a paddy field in the border belt. The recovery followed detection of suspected drone movement in the area barely a few hundred metres from the International Border and the border fence.

Refusing to soften its approach despite the petitioner’s claim that no recovery was made from his conscious possession, Justice Moudgil placed the larger issue of drugs in perspective by observing: “The drug is a social malady, while drug addiction eats into the vitals of the society; whereas drug trafficking not only eats into the vitals of the economy of a country, but illicit money generated by drug trafficking is often used for illicit activities including encouragement of terrorism.”

Reiterating that bail was generally the rule, the court stressed that offences under the NDPS Act were governed by a stricter legal system. Referring to Section 37 of the NDPS Act, the court held that the power to grant bail was “circumscribed” and could be exercised only when there were reasonable grounds to believe the accused was not guilty and was unlikely to reoffend.

Referring to the human and societal cost of narcotics, Justice Moudgil asserted: “The devastating effects of narcotic drugs on any person who comes to its touch are too well known. Normally, such a person ceases to be a normal human being, and is more or less reduced to zombie living animal existences and rushing fast to meet the maker. Divine qualities of an individual who consumes narcotic drugs disappear and they are the first sacrifices one normally makes while falling prey to use of drugs”.

The court noted that the quantity involved was commercial in nature and that the petitioner’s name had surfaced during investigation. Coupled with his alleged repeat involvement, the court found custodial interrogation to be necessary.

“The court, as the guardian of its citizens, deems it essential to take decisive action against such offenders, especially when the lives and futures of the nation’s youth are at stake. The drug epidemic must be tackled with the utmost seriousness. The illegal activities carried out by the individuals involved must be met with resolute measures. The intent of the legislature and the integrity of the rule of law must be preserved at all costs, and cannot be allowed to be undermined, irrespective of the quantity of drugs involved,” Justice Moudgil concluded.