High Ethical Standard Expected From Medical Practitioner Running De-Addiction Centre: Punjab & Haryana HC Rejects Bail Under NDPS Act

The Punjab and Haryana High Court has refused to grant bail to a medical practitioner accused of illicit distribution of narcotic substances under the guise of running a De-addiction Centre, which itself was allegedly operating without any valid licence.

Justice Manjari Nehru Kaul said,

"...general public reposes immense trust in the medical profession, particularly when seeking treatment. The ethical standards expected from medical practitioners, especially those operating De-addiction Centre, are exceedingly high, given that they deal with vulnerable patients who are susceptible to relapse."

The Court noted that the allegation that a medical practitioner entrusted with care of such vulnerable individuals, has been involved in diverting narcotic substances and facilitating their illegal distribution in the community, is one that "warrants serious consideration."

It highlighted further that recovery made from the de-addiction centre of the accused exceeded the limit quantity classified as "commercial" under the NDPS Act.

The Court was hearing fourth bail plea under Section 439 of the Cr.P.C. of a doctor in case an illicit drug trade case case under Sections 420, 465, 468 of the IPC and Sections 22 and 32 of the NDPS Act.

Senior Counsel for the petitioner submitted that the investigation has since been completed, the charge sheet has been filed, and the petitioner has now been in custody for a total of 11 months, excluding the time he was out on default bail.

After hearing the submissions, the Court said that mere delay in proceedings before the Trial Court cannot be construed as benefiting the petitioner, especially since it is a matter of record that learned defence counsel for the petitioner before the Trial Court has sought four adjournments on dates when the matter was listed for consideration of charges.

Justice Kaul highlighted that allegations against the petitioner are grave, as he is accused of the illicit distribution of narcotic substances under the guise of running a De-addiction Centre, which itself was operating without any valid licence.

"This Court cannot turn a blind eye to the potential social consequences of these allegations, as they could contribute to perpetuating a cycle of drug dependency and addiction, in a country already grappling with scourge of narcotics," the Court observed.

Furthermore, the quantity of narcotic substances allegedly recovered from the De-addiction Centre of the petitioner far exceeds the limit quantity classified as "commercial" under the NDPS Act, thereby invoking the stringent provisions of Section 37 of the NDPS Act, added the bench.

In the light of the above, especially considering that there has been no change whatsoever in the circumstances since the dismissal of the previous petition and that was also upheld by the Supreme Court, the judge dismissed the plea.

Title: Dr. Vinit Yadav v. State of Haryana

Mr. Vikram Chaudhri, Sr. Advocate (through VC) with Mr. Keshavam Chaudhri, Advocate and

Mr. Digvijay Singh, Advocate for the petitioner. Mr. Chetan Sharma, DAG, Haryana.

Citation: 2024 LiveLaw (PH) 245

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