'Misuse Of NDPS Act By Police Undermines Public Trust': Punjab & Haryana HC Seeks DGP's Report On Alleged False Drugs Case Against Man

The Punjab & Haryana High Court has taken a stern stand on the allegation of false implication of a man in a drugs case by police, observing that the misuse of the NDPS Act by police undermines public trust in law enforcement and diverts the attention from genuine efforts to combat drug-related crimes.

It was alleged that the petitioner was booked in a false FIR under the NDPS Act by the police officers because he did not give a side to overtake them while he was driving on the road.

Justice Kirti Singh sought a report from DGP, Punjab to look into the matter and file a status report in the form of an affidavit detailing the proposed action to be taken against the concerned delinquent police officials who registered the FIR against the petitioner.

The Court also highlighted that, "in recent times, there have been incidents of police high- handedness, where innocent citizens are being harassed and falsely implicated under the Narcotic Drugs and Psychotropic Substances Act. These actions often stem from abuse of power and lack of accountability, turning routine checks of minor encounters into traumatic experiences of law abiding individuals, innocent people find themselves entangled in legal battles, facing baseless charges that tarnish their reputation and disrupt their lives."

The misuse of the NDPS Act in such a manner undermines public trust in law enforcement and diverts the attention from genuine efforts to combat drug-related crimes, highlighting the routine need for reforms and stricter oversight to protect the rights of citizens, it added.

These observations were made while hearing the bail plea of Lovepreet Singh under Section 483 of BNSS who was arrested in a FIR lodged under Section 22 of the NDPS Act in Punjab's Kapurthala District.

According to the FIR, Singh allegedly started driving fast on seeing police and was caught with narcotics capsules. 

Counsel for the petitioner submitted on June 24, after inspecting a field of paddy, the petitioner was returning in his car. Since the road was narrow and a police vehicle was behind his car, when he reached a wider road, the petitioner moved aside in order to enable it to pass.

It was stated that the police officials became annoyed as the petitioner did not give them passage to pass earlier, and took possession of the mobile phone and vehicle of the petitioner, who was taken to the Police Station.

The State counsel submitted that as per the custody certificate, the petitioner has undergone actual custody of 02 months and 15 days and is not involved in any other case.

FSL report placed on record revealed that the samples sent were paracetamol.

After hearing the submissions, the Court noted that "the FSL report, in which it has been observed that recovered capsules only contain salt acetaminophen (paracetamol)," the Court opined that the petitioner deserves regular bail.

Justice Singh also opined that, "exemplary cost should be imposed upon the police officials."

While listing the matter for September 20, it directed the SSP of the district to remain present in the Court on the next date of hearing.

Mr. Jagjit Singh, Advocate for the applicant/petitioner(s).

Mr. Vinay Kumar, DAG, Punjab.

Title: Lovepreet Singh @ Lovely v. State of Punjab

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