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'Drug Peddlers Have Successfully Destroyed Social Fabric Of Our Society': Punjab and Haryana High Court
Rahul Garg
2 Nov 2022 4:30 PM IST
Rejecting the bail application of an accused whose disclosure had allegedly led to recovery of about 10 kilograms of heroin, the Punjab and Haryana High Court recently observed that the drug peddlers have successfully destroyed the social fabric of society and led youth to the wrongful path."Such type of persons need to be dealt with firmly and sternly and no sympathy can be shown to them...
Rejecting the bail application of an accused whose disclosure had allegedly led to recovery of about 10 kilograms of heroin, the Punjab and Haryana High Court recently observed that the drug peddlers have successfully destroyed the social fabric of society and led youth to the wrongful path.
"Such type of persons need to be dealt with firmly and sternly and no sympathy can be shown to them lest that should prove to be counter productive and result in increased drug trafficking," Justice Ashok Kumar Verma said, while ruling that the petitioner does not deserve the concession of regular bail.
The petitioner's counsel had argued that he was falsely implicated in the case. It was contended the secret information was forwarded to a junior officer, which was a violation of Section 42 of the NDPS Act, which requires search and seizure to be conducted only by 'an officer superior in rank to a peon, sepoy or constable.' There is no recovery of contraband from the conscious possession of the petitioner, the counsel argued further.
It was also submitted that petitioner has been under incarceration for the last more than two years and most of the prosecution witnesses are yet to be examined in the trial.
Reliance was placed by the petitioner on Mohammad Salman Hanif Shaikh v. State of Gujarat, SLP (Crl.) No. 5530 of 2022, Shariful Islam @ Sarif v. State of West Bengal, SLP (Crl.) No. 4173 of 2022, Satender Kumar Antil v. Central Bureau of Investigation, AIR 2022 (SC) 3386 and Nitish Adhikary @ Bapan v. State of West Bengal, SLP (Crl.) No. 5769 of 2022.
The prosecution, on the other hand, argued that the recovery of 10 KGs of contraband falls in the category of commercial quantity and a co-accused has been absconding and evading his arrest, leading to a delay in the trial.
According to the FIR registered on receipt of secret information, huge quantities of heroin was being smuggled from Pakistan. On the basis of a disclosure statement and identification made by the petitioner eight bags, containing 10 kgs heroin, were recovered in the presence of the then D.S.P. Attari, Amritsar (Rural) and officials of BSF from the fields of wheat across fencing in the area of BSF Post Shamullha, the police said.
Observing that allegations against the petitioner are very serious serious in nature, the court said "taking into consideration the facts that the alleged contraband recovered on the basis of disclosure statement and identification made by the petitioner falls in the category of 'commercial' quantity which attracts rigors of Section 37(1)(b) of the NDPS Act"
The court also rejected the argument regarding period of custody, saying that the Supreme Court in its judgment passed in Mohit Aggarwal has observed that custody period itself alone cannot be a ground for grant of bail.
Case Title: Davinder Singh v. State of Punjab
Case No: CRM-M-10017-2021
Coram: Justice Ashok Kumar Verma
Citation: 2022 LiveLaw (PH) 280
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