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Punjab and Haryana HC calls for robust response to sophisticated drug networks

‘The method of trafficking evidenced by the contraband being smuggled from Pakistan via drone highlights the sophisticated network facilitating such illegal trade’
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The Punjab and Haryana High Court has called for a resolute and uncompromising response to dismantle sophisticated networks and curb drug proliferation across the border using drones. The observation came in a case involving the alleged seizure of 22 grams of heroin from an accused. The contraband was allegedly smuggled into India from Pakistan via drones.

“The method of trafficking evidenced by the contraband being smuggled from Pakistan via drone highlights the sophisticated network facilitating such illegal trade, which demands a resolute and uncompromising response,” Justice Sandeep Moudgil asserted.

The court asserted that the intent of the legislature and the sanctity of the rule of law was also required be upheld at all costs, irrespective of the quantity of contraband involved. “The modus operandi of the kingpins engaged in illicit activities, whether trafficking in small or intermediate quantities, must be met with unwavering resolve and stringent action. The intent of the legislature and the sanctity of the rule of law must be upheld at all costs, and cannot be allowed to be undermined, regardless of the quantity involved,” Justice Moudgil asserted.

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The accused was seeking the grant of regular bail in a case registered on June 21, 2024, under the provisions of the NDPS Act at Sarai Amanat Khan police station in Tarn Taran district. The Bench reiterated the legal principle that bail was the rule and the jail an exception, but added that the power to grant or deny bail was extraordinary and required to be exercised with caution.

Justice Moudgil added a prima facie opinion was required to be formed while deciding bail applications—whether pre-arrest or regular. The court was to see whether reasonable grounds existed to substantiate the allegations or if the accusations were frivolous, baseless, or aimed at falsely implicating an individual. Such assessments were required to be made in light of self-imposed judicial restraints and overarching legal principles.

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Declining the plea, Justice Moudgil asserted drug peddlers involved in trafficking small or intermediate quantities could not assume an automatic right to bail. Referring to the modus operandi of traffickers, the court added they relied on such quantities to escape stringent legal consequences. This, the court observed, undermined the legislative intent and eroded the fabric of society.

Justice Moudgil added granting bail to those accused of trafficking highly dangerous substances like heroin would embolden them to persist in their illicit trade, creating a false sense of impunity. “Trafficking, even in intermediate quantities, demands a resolute and firm stance to curb this insidious menace,” the court asserted, adding that the rule of law must be rigorously enforced regardless of the quantity involved.

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