NDPS Act| Court Flooded With Pleas Where Accused Arrayed In FIR On Recovery From Other, High Court Seeks Response From Punjab Suspecting Misuse Of Law

Observing a growing number of cases where accused are arrayed in FIRs despite no recovery of contraband being made from them personally, the Punjab and Haryana High Court has sought a response from the Punjab Government on the suspected misuse of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The Court granted interim-anticipatory bail in a drugs case pertaining to commercial quantity.

Justice Sandeep Moudgil said, "This Court is also of the view having flooded with the multiple cases on the same pattern for the last one month or so, for which assertions of the petitioners cannot be ignored wherein either non- commercial quantity of Heroin or any other intoxicating salt like Etizolam, Alprazolam, etc. people are being nominated as accused in the manner where recovery has not been effected from one but after obtaining disclosure statement various other persons are nominated thereafter as accused to increase the number of apprehended persons in the State."

The Court was hearing pre-arrest bail under Sections 22, 29 of NDPS Act. 

Counsel for the petitioner contended that the petitioner was falsely implicated in the case at the hands of governance in the State.

On 01.03.2025, the police party apprehended Kuldeep Singh @ Keepa and Balibir Singh @ Bira and recovered intoxicant tablets weighing 8.280 gms etizolam which falls within the ambit of commercial quantity and the present petitioner was named in the FIR on the disclosure statement of co-accused, he added.

It was contended that each strip amounting to Rs.30/- consisting of 15 tablets of Etizolam and the total cost of 90 tablets weighing 8.280 gms as has been recovered in the instant case was not more than Rs.100

The petitioner's counsel submitted that it has now become the modus operandi for the State government to creat its own figures to alure the voters with an eye on ensuing assembly elections under the garb of slogan - Yudh Nasheyan Virudh given by the Chief Minister of the State.

After hearing the submissions, the Court noted that "the quantity of the contraband is commercial in nature but the cost part of the alleged contraband and the assertions made on behalf of the petitioner do need to be taken into consideration against which this Court cannot sit idle as a mute spectator being a guardian of the Constitution and in case."

The State counsel could not deny about the fact qua the cost of the contraband as well as antecedents of the petitioner that he is not involved in any other case as per record and information furnished by the Investigating Officer.

Administration In Punjab Fails To Provide Safe Environment To Citizen 

Justice Moudgil observed, that the administration within the State of Punjab fails to provide a safe environment to its citizens, "the Court can suo moto step in and direct the State to take effective measures to create a congenial environment."

The Court also pointed that the trial court had wrongly recorded the recovered quantity as 8.20 gm in the earlier order while the FSL report stated as 7.20 gm and asked the State to seek instructions on the same.

While granting interim anticipatory bail to the petitioner, the Court directed him to join the investigation and comply with conditions under Section 482(2) of the BNSS.

The case is adjourned to August 8 for further consideration.

Mr. Gurbir Singh Dhillon, Advocate for the petitioner.

Mr. Jastej Singh, Addl. AG, Punjab.

Title: MANJEET SINGH @ RODU v. STATE OF PUNJAB

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