Drug Menace A Serious Invasion Into Social Structure, Even Adolscents Not Spared: Himachal Pradesh High
Dismissing an application for pre arrest bail in an FIR for offences under the NDPS Act the Himachal Pradesh High High Court on Friday observed that the drug menace is a serious invasion in the social structure that needs to be curbed with heavy hands and for such purpose, police must have the proper access to the accused which may be by way of custodial interrogation in...
Dismissing an application for pre arrest bail in an FIR for offences under the NDPS Act the Himachal Pradesh High High Court on Friday observed that the drug menace is a serious invasion in the social structure that needs to be curbed with heavy hands and for such purpose, police must have the proper access to the accused which may be by way of custodial interrogation in appropriate cases.
The observations to this effect were made by a bench comprising Justice Satyen Vaidya while adjudicating upon the matter in which the police party apprehended a car near place Barmana in District Bilaspur, H.P., which was being plied without any registration number and 15.13 grams of chitta/heroin was recovered from the vehicle.
During investigation, it was found by the Investigating Agency that the occupants of the car had procured the recovered contraband from the petitioner after paying him Rs. 40,000/-. Accordingly, petitioner was also named as a co-accused.
In his pre arrest bail the petitioner submitted that he was innocent and was not connected with the crime in question. He further submitted that he is a law abiding person and has roots in society and his implication in the present case was totally false.
After perusing the available record Justice Vaidya noted that the investigating agency has been able to lay hands on some material, which primafacie establishes a link between the occupants of the car apprehended with chita/ heroin and the petitioner. The CDRs and other data, indicate exchange of calls and location of petitioner and other co-accused at or around the same place, at the time when alleged offence was committed, the court pointed.
Observing that since the investigation is still going on, Justice Vaidya highlighted that the drug menace has attained serious proportion and all the accused persons apprehended in the car are in the age group of 23 to 27 years. Besides being a law and order problem, it has become a serious social issue and such a serious invasion in the social structure needs to be curbed with heavy hands and for such purpose, police needs to have the proper access to the accused, may be by way of custodial interrogation in appropriate cases, Justice Vaidya emphasized.
Pointing out to the fact that the material on record to suggest some link between the petitioner and other co-accused, the court observed that the Petitioner is aged about 44 years and there is age gap between him and other co-accused and the link needs to be probed. The recoveries are yet to be effected from petitioner and in such view of the matter, it cannot be said that the custodial interrogation of petitioner would be unjustified in this case, the bench underscored.
In light of above discussion, there is no merit in the petition and the same is rejected, the bench concluded.
Case Title: Anil Kumar Vs State of HP
Citation: 2023 LiveLaw (HP) 18
Coram: Justice Satyen Vaidya