Alarming Shift In Drug Abuse Towards Potent Substance, Cases Involving Manufactured Drug Must Be Dealt With Strictness: P&H High Court

The Punjab & Haryana High Court refused to suspend sentence of a man convicted for possessing 500 grams of heroin who had undergone custody of over 3 years, observing that drug menace, especially involving manufactured drugs, must be dealt with the "utmost strictness".

Justice Sumeet Goel said, "It is with profound concern that this Court takes judicial notice of the escalating drug menace that plagues our society, posing an insidious  threat to public order, health, and the very fabric of the nation. While the scourge of substance abuse has long been a challenge, the proliferation and consumption of manufactured drugs, particularly cocaine and heroin, have exacerbated this crisis to an alarming degree, demanding an unequivocally stringent response from all pillars of the State, not least the Judiciary."

The Court noted "a discernible and alarming shift in the landscape of drug abuse towards these highly potent and illicitly manufactured substances."

It  further observed that the, intricate international networks and operations involved in the production and distribution of the narcotics underscore the deep-rooted involvement of organized criminal elements thereby transforming drug trafficking into an affront to national security and the rule of law.

Drug Addiction And Alarming Surge In Criminal Activities 

It added that the  Court cannot overlook the undeniable nexus between drug addiction and the alarming surge in criminal activities.

"Desperate addicts frequently resort to petty and violent crimes to sustain their habits, thereby contributing directly to increased lawlessness and insecurity. The illicit drug trade itself is a primary driver of organized crime, corruption, and money laundering, fundamentally undermining the integrity of governance and the rule of law. Economically, the burden is colossal, encompassing direct healthcare expenditures, lost productivity, and the substantial allocation of resources to law enforcement and judicial processes," added the bench.

In this backdrop, the Court said that cases pertaining to the drug menace, especially those involving manufactured drugs, must be dealt with the utmost strictness and resolve.

"The legislative intent behind stringent enactments such as the Narcotic Drugs and Psychotropic Substances (NDPS) Act is unequivocally to deter such activities and protect society from their devastating consequences.

Justice Goel highlighted that, "Judiciary bears a solemn responsibility to uphold this legislative intent by ensuring that offenders are brought to justice and that the penalties prescribed are meted out with a firmness commensurate with the gravity of the offence. "

The Court was hearing a plea for suspension of sentence wherein the appellant was convicted under Section 21(c) of NDPS, and sentenced to rigorous imprisonment for 10 years.

Among other grounds, the counsel for the applicant-appellant iterated that the applicant-appellant has been falsely implicated in the case as the entire story rests solely on the testimony of police officials, with no independent witnesses having been associated with or examined during the course of the investigation or trial.

Moreover, no forensic analysis or chemical examination report has been produced to establish the purity or composition of the recovery substance which is a crucial factor under the NDPS Act, he added.

The Court noted that as per records the appellant has undergone actual custody of 03 years, 05 months and 28 days but at the same time it cannot be lost sight of the fact that the applicant-appellant was not granted regular bail during the pendency of trial on which account he had undergone incarceration for a period of about 02 years, 01 month and 09 days.

Accordingly, the custody period undergone by the applicant- appellant after his having been convicted by way of the impugned judgment is a period of approximately 01 year and 04 months only, it added.

Considering that the recovery of 500 grams of heroin, being a commercial quantity under the NDPS Act, the Court opined that it "cannot be treated lightly and no mitigating circumstances has been shown that would persuade this Court to suspend the sentence at this stage."

Consequently, the plea was dismissed.

Mr. Arun Rana, Advocate for the applicant-appellant.

Mr. Durgesh Garg, AAG Punjab.

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