HC slams police for misuse of NDPS Act, orders accountability, bail
Rapping the Punjab Police of highhandedness, the Punjab and Haryana High Court asserted that innocent citizens are being harassed and falsely implicated in drug cases registered under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
“In recent times, there have been incidents of police highhandedness, where innocent citizens are being harassed and falsely implicated under the Narcotic Drugs and Psychotropic Substances Act. These actions often stem from abuse of power and lack of accountability, turning routine checks of minor encounters into traumatic experiences of law-abiding individuals,” Justice Kirti Singh asserted.
The assertion came in a case where the Forensic Science Laboratory (FSL) report confirmed that the capsules seized from a person simply contained acetaminophen or paracetamol. Among other things, the Bench made clear its intent to impose exemplary cost on the erring officials before asking the State Director-General of Police to look into the matter.
Referring to the detrimental impact of such misuse, Justice Kirti Singh observed that innocent people found themselves entangled in legal battles with baseless charges that tarnished their reputations and disrupted their lives.
“The misuse of the NDPS Act in such a manner undermines public trust in law enforcement and diverts the attention from genuine efforts to combat drug related crimes, highlighting the routine need for reforms and stricter oversight to protect the rights of citizens,” Justice Kirti Singh asserted.
The matter was brought to Justice Kirti Singh’s notice after the accused filed a petition for regular bail in the case registered on June 26 under the provisions of the NDPS Act at the Sultanpur Lodhi police station in Kapurthala district.
Granting bail to the accused, Justice Kirti Singh called for accountability in such matters by asserting that “exemplary costs should be imposed upon the police officials” involved in the matter. “Accordingly, DGP, Punjab, is directed to look into this matter and file a status report in the form of an affidavit detailing the proposed action to be taken against the delinquent police officials concerned, who registered the FIR against the petitioner. SSP, Kapurthala, is also directed to be remain present in the court on the next date of hearing,” the Bench ordered.
