The Punjab and Haryana High Court has expressed serious concern over a rising trend of falsely implicating individuals under the NDPS Act by misusing disclosure statements, asserting that it “cannot sit idle as a mute spectator being a guardian of the Constitution.”AdvertisementThe Bench of Justice Sandeep Moudgil asserted that the state’s anti-drug campaign appeared to be drifting into a pattern of misuse, with commercial quantity cases being built on questionable grounds. Counsel for the petitioner alleged that inflated figures and fabricated connections were being used as part of a larger strategy by the government to boost arrests for political mileage ahead of the assembly polls under the garb of the “Yudh Nasheyan De Virudh” campaign.“This court is also of the view, having been flooded with multiple cases on the same pattern for the last one month or so, for which assertions of the petitioners cannot be ignored… people are being nominated as accused in the manner where recovery has not been effected from one but after obtaining disclosure statement, various other persons are nominated thereafter as accused to increase the number of apprehended persons in the State,” Justice Moudgil asserted.Rapping the government over its failure to ensure a safe environment and prevent such misuse, the court observed: “In case the administration within the State of Punjab fails to provide a safe environment to its citizens, the court can suo motu step in and direct the State to take effective measures to create a congenial environment.”The observations came on a petition seeking anticipatory bail in FIR registered on March 1 at Ladhuwal police station in Ludhiana, under the NDPS Act. The petitioner was named on the basis of a disclosure statement by two co-accused from whom 8.280 gm of Etizolam was allegedly recovered—technically falling in the commercial quantity bracket.Justice Moudgil took note of the petitioner’s contention that the total value of the recovered contraband—Rs 100 for 90 tablets—was negligible and disproportionate to the seriousness of the charge.Referring to the apparent anomaly, the Bench stated that both the cost and nature of the alleged recovery needed due consideration. “The cost part of the alleged contraband and the assertions made on behalf of the petitioner do need to be taken into consideration,” Justice Moudgil observed.Counsel for the petitioner also alleged that such inflated figures and fabricated connections were part of a larger strategy by the government to create its own figures for political mileage under the garb of its “Yudh Nasheyan De Virudh” campaign ahead of the Assembly polls.Taking cognizance of these claims, the High Court directed the State to file an affidavit in response. The Court also noted that the petitioner had no prior criminal record and that even the State counsel was unable to deny the negligible cost aspect.Justice Moudgil further observed that the trial court had wrongly recorded the recovered quantity as 8.20 gm in the earlier order while the FSL report pegged it at 7.20 gm.The court granted interim anticipatory bail to the petitioner, while directing him to join the investigation and comply with conditions under Section 482(2) of the BNSS. The matter has been posted for further hearing on August 8.
High Court flags misuse of NDPS provisions in Punjab
