Punjab and Haryana High Court: Need to determine source of narcotics to check drug menace

Saurabh Malik

Tribune News Service

Chandigarh, November 30

The Punjab and Haryana High Court has made it clear that the source of narcotics was required to be determined to curb drug menace. The assertion by Justice Jasgurpreet Singh Puri came in a case related to the alleged recovery of 100-kg poppy husk.

The matter was brought to the HC notice after an accused filed a petition seeking anticipatory bail in a case registered on August 11 under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act at the Mukandpur police station in Nawanshahr district.

The petitioner’s counsel argued that he had been falsely implicated. His name was nominated on the basis of a disclosure statement made by a co-accused. As such, his case may be considered for the grant of anticipatory bail.

The Bench, during the course of hearing, directed the state to file an affidavit on the petitioner’s antecedents. It was also asked to specify whether there was any other material available to connect the petitioner with the present recovery apart from the disclosure statement of a co-accused.

An affidavit was filed by the DSP on behalf of the state. Referring to the affidavit, Deputy Advocate General Randhir Singh Thind submitted that 100-kg poppy husk was recovered from the co-accused. As such, the petitioner’s case was hit by the bar contained under Section 37 of the NDPS Act. Dismissing the petition, Justice Puri asserted it was not a case where sufficient material was unavailable with the prosecution to connect the petitioner with the present crime. It was also not a case where the prosecution was proceeding against the petitioner purely on the basis of disclosure statement.