'Drug Peddlers Destroy Social Fabric, Need No Sympathy': Punjab & Haryana High Court Refuses Bail For Chemist Accused Of Smuggling Contraband

The Punjab & Haryana High Court has refused to grant bail to a chemist accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) Act for allegedly selling "dangerous contraband", observing that drug peddlers need to be dealt with firmly and sternly with no sympathy.

Justice Sandeep Moudgil said, "The drug menace in the State of Punjab is writ large and large number of youth are falling prey at the hands of such mafia. The role of the petitioner is not that of law abiding citizen as is evident from the record before this Court. It is of utmost importance at this stage to consider the clandestine smuggling of narcotics drugs and psychotropic substance which has led to drug addiction among a sizeable section of the public, particularly the adolescence and students of both sexes. The menace has assumed serious and alarming proportions in recent times."

The Court further said that it has to be borne in mind that in a murder case, the accused commits murder of one or two persons, while those who are dealing in narcotic drugs are instrumental in causing death or inflicting death blow to a number of innocent young victims, who are vulnerable leaning deleterious effects and a deadly impact on the society and are a hazard to the society.

Adding that even if, they are released temporarily, in all probability, they would continue their nefarious activities of trafficking or dealing in intoxicants clandestinely obviously for large stake and easy illegal profit-making mode, the judge said, "In the present prevailing scenario, the drug trafficking, trading and its use has acquired dimensions of an epidemic which not only effects the economic policies of the State but corrupts the system apart from leaving the impact of producing sick society. I will not be shy of saying that anti drug justice is a criminal dimension of social justice as drug addiction forms vitals of the society alongwith illicit money generation by drug trafficking, added the judge."

The Court was hearing a regular bail plea under Section 439 Cr.P.C. of a chemist who was booked under Section 22 of NDPS Act, 1985 at Punjab's Jalandhar.

It was alleged that intoxicant capsules in large amounts were found at the medical store of the accused by the Drug Inspector. According to the FIR, the accused, Gautam Sehgal was not able to present any bill regarding the capsules and intoxicant tablets found on the spot whereby committing an offence under Sections 22, 61, and 85 of the NDPS Act.

The counsel for the petitioner said that the petitioner has been falsely implicated in the present case as being a chemist and there was no intoxicant material in the alleged recovered capsules and tablets. It is further asserted that the petitioner has been an experienced licensed chemist for the last 16 years with no criminal antecedents.

After hearing the submissions, the Court said that Section 37 of the NDPS Act specifically states that bail can be granted only if reasonable grounds are there to believe the innocence of the accused added to the fact that he is not likely to commit any offence while on bail.

The judge said that going a step further it is a negative burden cast on the petitioner to disapprove the case of the prosecution as per the mandate of Section 37 of the NDPS Act which discloses that the offences are cognizable and non-bailable.

"There is no material evidence to establish innocence of the petitioner-accused as such, the question of admitting him on bail does not arise at all, as the drug peddlers have successfully destroyed not only the social fabric of the society but finishing the youth, who are future generation of the country," opined the Court.

Justice Moudgil said such accused need to be dealt with firmly and sternly with no sympathy to be shown to them particularly in the case in hand, wherein the petitioner is involved in smuggling of dangerous contraband.

While noting that the accused were apprehended at the spot, the Court said that the contention with regard to the recovery effected does not fall under the NDPS and cannot be ascertained at this stage, as the FSL report was still awaited.

Consequently, the Court refused to grant relief of the bail.

Appearance: J.S. Thakur, Advocate for the petitioner.

Rajiv Verma, DAG Punjab.

Citation: 2024 LiveLaw (PH) 97

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Title: GAUTAM SEHGAL v. STATE OF PUNJAB