"Punjab Was Once A Prosperous State But Is Now At The Brink Of Drug-Trafficking": P&H High Court

"The State of Punjab which was known as one of the prosperous States is now at the brink of drug trafficking," observed the Punjab and Haryana High Court while denying bail to an NDPS Accused.

The Bench of Justice Harnaresh Singh Gill observed thus while denying bail to one Harbhajan Singh booked under Sections 21 and 29 NDPS Act, 1985 for allegedly possessing 19000 intoxicating capsules 'RIDLEY'.

As per the prosecution's case, the accused/bail applicant alongwith co-accused was traveling in the car, when the alleged recovery of intoxicating tablets had been effected. It was argued that the alleged recovery falls under the commercial quantity and Section 37 NDPS Act bars the grant of bail to the accused in the cases involving commercial quantity.

On the other hand, the counsel for the bail applicant submitted that the alleged recovery of intoxicating capsules was effected from an envelope lying in a bag between the legs of the co-accused, near the back seat of the car occupied by the co-accused.

Therefore, it was contended that it cannot be said that the petitioner was in conscious possession of the intoxicating tablets. The petitioner had been in custody for the last more than 08 months.

Having heard the arguments of the petitioner and the state counsel, the Court noted that the recovery effected in the present case falls under the commercial quantity and as Section 37 NDPS Act bars the grant of bail to the accused in cases involving commercial quantity. 

Further, noting that the petitioner is also involved in another case of similar nature, which shows his tendency of committing repeated offence(s) of similar nature, the Court observed thus:

"The State of Punjab which was known as one of the prosperous States is now at the brink of drug-trafficking and in order to curb this menace, the accused like the petitioner are to be dealt with stringently even at the stage of granting her/him bail in NDPS Act cases involving commercial quantity."

Lastly, stressing that the petitioner cannot seek the concession of regular bail, which, if granted would pave the way for his involvement in other cases of similar nature, the Court denied him bail

Case title - Harbhajan Singh @ Bhajja v. State of Punjab  

Case citation: 2022 LiveLaw (PH) 25

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