HC raps judicial officer, cancels bail of 2 in drug case
The Punjab and Haryana High Court has admonished an Additional District and Sessions Judge for ignoring its earlier observations and well-established principles of criminal law, while granting bail to two accused in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The Bench also set aside the bail granted to the accused while directing them to surrender in the special court.
Justice Deepak Gupta also directed the forwarding of the order’s copy to the Administrative Judge of Amritsar Sessions Division “for his information and taking appropriate action, if deemed fit”. The directions came on five petitions, including three pleas by the State of Punjab.
Justice Gupta said Sections 27A and 27B of the NDPS Act and Sections 420, 468, 471, 120B and 34 of the IPC were added and “the commission of offences was writ large on the file”.
But the special court in its order dated April 5, 2024, discharged one of the accused under the NDPS Act, observing that the only allegation against him was that of preparing forged documents. The court held the accused, at most, could be “charged for cheating and forgery”.
Expressing disapproval, Justice Gupta asserted: “The special court completely ignored the observations made by this court without even making any reference whatsoever to the order dated August 23, 2023, of this court, which was absolutely not warranted.”