'Drug Abuse Alarming, Addicts Become Zombies': Punjab & Haryana HC Says Law Can't Be Undermined Irrespective Of Quantity Of Contraband

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, said the Punjab & Haryana High Court while refusing bail involving 290 grams of heroin. 

Justice Sandeep Moudgil noted, "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 widespread drug abuse is severely undermining the future of the country, as it is gradually eroding the youth population, much like a termite, it said further.

These observations were made while hearing the bail plea of Jaspal Singh, who was accused under Section 21, 25 of the Narcotic Drugs and Psychotropic Substances Act, and Sections 379 & 411 of IPC.

According to the prosecution, Heroin weighing 290 grams was recovered from Singh along with co-accused persons which is commercial in nature and upon being interrogated suffered a disclosure statement that 20 litres of transformer oil was stolen and subsequently, it was recovered from the disclosed place.

After hearing the submissions, the Court said the drug is a social malady, 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. Divine qualities of an individual who consumes narcotic drugs disappear and they are the first sacrifices one normally makes while falling prey to use of drugs," it added.

Perusing Section 37, the Court said, "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."

In the present case, the Court noted that 290 grams of heroin stands recovered, from the possession of the petitioner and co-accused.

Moreover, the judge said that, "the quantity recovered is commercial in nature, therefore the rigours of Section 37 of NDPS would attract in this case and 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."

While noting the facts, the Court said that it can reasonably conclude that the petitioner is involved in the illegal drug trade.

In the light of the above, the plea was dismissed.

Mr. Nitin Sachdeva, Advocate Legal Aid Counsel, for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab.

Title: JASPAL SINGH v. STATE OF PUNJAB

Citation: 2025 LiveLaw (PH) 132

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