Punjab reeling under drug menace: High Court

Saurabh Malik

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Chandigarh, December 13

The Punjab and Haryana High Court has asserted that the entire state of Punjab has been suffering from the menace of drugs, which is adversely affecting the youth.

Violation of Articles 19, 21

The delay in trial is not only in violation of Articles 19 & 21 of the Constitution, but is also contrary to the intent of the establishment of Special Courts to decide matters relating to narcotics drugs. — Justice Jagmohan Bansal, High court

The assertion came as the High Court observed delay in the trials relating to narcotics drugs was not only in violation of Articles 19 and 21 of the Constitution, but was also contrary to the intent of establishing special courts to decide these matters.

The assertion came in a case where the trial had been pending before a Special Judge since 2018, while the FIR in the matter was registered in 2016.

Taking a note of the delay, Justice Jagmohan Bansal asked the trial court to expedite the matter and decide the trial preferably within six months.

The matter was brought to Justice Bansal’s notice after a petition was filed by an accused for setting aside orders dated November 10, 2021, and July 6, passed by Amritsar Sessions Judge cancelling his bail in an FIR registered on September 20, 2016, under the provisions of the Narcotics Drugs and Psychotropic Substances Act.

His counsel submitted that the petitioner, initially arrested, was released on regular bail by the trial court. But he failed to appear before it on November 10, 2021, and July 6. The court then ordered to summon him through non-bailable warrants before cancelling the bail bonds.

His counsel added the petitioner was not involved in any other case. His non-appearance was unintentional and he undertook to appear before trial court on each and every date. Besides, he was ready to pay Rs 10,000 costs.

Accepting the notice of motion issued by the Bench, law officer Amish Sharma submitted that the state had no objection if the present petition was disposed of subject to deposition of costs.

Taking a note of the contentions, Justice Bansal asserted, “Intent of arrest and reason for denial of bail is to secure the appearance of the accused at the time of trial. A person who seeks to be liberated must take judgment and serve sentence in the event of his conviction. The nature of the crime charged, severity of punishment prescribed, prime facie available evidences, history and background of the accused may indicate that any amount of bond and surety is not going to secure presence of accused, at the time of conviction.”

Allowing the petition on no less than six grounds elaborate upon in the order, Justice Bansal directed the petitioner to appear before the trial court by December 26. The trial court, on doing so, was asked to release him on bail on his furnishing bail bonds. The petitioner, as agreed, was asked to pay Rs 10,000 costs to the Amritsar District Legal Services Authority.