Young Individuals Resorting To Criminal Activities To Satisfy Cravings: Punjab & Haryana High Court Highlights State's Failure To Address Drug Problem

The petition before the High Court was filed under Section 483 of B.N.S.S., 2023, for the grant of regular bail to the petitioner in a case registered under Sections 21 and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 379 and 411 of IPC, 1860.

Throwing light on the present drug-related scenario in the State, the Single Bench of Justice Sandeep Moudgil said, “...young individuals are resorting to theft and other criminal activities to satisfy their drug cravings. This highlights the state government's failure to address the growing drug problem, which is particularly alarming in Punjab…The intent of the legislature and the integrity of the rule of law must be preserved at all costs, and cannot be allowed to be undermined, irrespective of the quantity of drugs involved.”

Advocate Nitin Sachdeva represented the Petitioner while Assistant Advocate General Jaspal Singh Guru represented the Respondent-State.

Factual Background

The Police Officials had received information that the Petitioner Jaspal Singh along with some other residents of Dharamkot had formed a gang of their own who were stealing vehicles and doing business of selling intoxicants on their vehicle Bolero Camper. On inspection, 290 grams of heroin was found. The FIR then came to be registered under the aforementioned provisions.

Reasoning

The Bench reaffirmed the well settled principle that when considering a bail application (whether pre-arrest or regular bail), the Court must form a prima facie opinion as to whether reasonable grounds exist to support the accusation, or if the accusation is frivolous and baseless possibly made with the intention of harming or humiliating the individual, or falsely implicating them in the crime.

Highlighting the fact that drug is a social malady, the Bench said, “...while drug addiction eats into the vitals of the society whereas drug trafficking not only eats into the vitals of the economy of a country, but illicit money generated by drug trafficking is often used for illicit activities including encouragement of terrorism. The devastating effects of narcotic drugs on any person who comes to its touch are too well known. Normally, such a person ceases to be a normal human being, and is more or less reduced to zombie living animal existences and rushing fast to meet the maker.”

Coming to the aspect of grant of bail, the Bench asserted, “...the jurisdiction of the Court to grant bail is circumscribed by the provision of Section 37 of NDPS Act specifically observing that bail can be granted only if reasonable grounds are there to believe the innocence of the accused added with the fact that he is not likely to commit any offence while on bail.”

“Going a step further it is negative burden casted on the petitioner to disapprove the case of prosecution as per the mandate of Section 37 of the NDPS Act which discloses that the offences are cognizable and non-bailable”, it added.

The Bench noticed that 290 grams of heroin stood recovered from the possession of the petitioner and co-accused. Moreover, as the quantity recovered was commercial in nature, it was held by the Bench that the rigours of Section 37 of NDPS would attract. “...therefore, it would not be just for the Court to let the petitioner out and which is sufficient for this Court to infer that the petitioner has actively indulged himself in business of selling Narcotic Substances.”

Thus, noting that the Petitioner is involved in the illegal drug trade, the Bench held that the Petitioner did not deserve the concession of regular bail and dismissed the petition.

Cause Title: Jaspal Singh v. State of Punjab (Neutral Citation: 2025:PHHC:035071)

Appearance:

Petitioner: Advocate Nitin Sachdeva, Legal Aid Counsel

Respondent: Assistant Advocate General Jaspal Singh Guru

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