The Supreme Court has asked courts to be highly circumspect in granting bail to repeat offenders in cases lodged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Punjab as the state has already been reeling under a drug menace. The SC noted that the problem had grown due to some pharmaceutical companies, police officials, and other affluent people being involved in international drug trafficking.
A bench of Justices Surya Kant and Dipankar Datta declined to extend interim protection granted to an accused beyond three weeks and asked him to seek regular bail as his name surfaced in another case.
After hearing the parties, the bench said, “We are of the considered view that the parameters of granting bail in a case under special statutes like NDPS Act may not be liberally construed in the instant case. We say so taking notice of the fact that the State of Punjab is reeling under the grip of drug menace. There are several drug lords whose roots are identifiable in the State of Punjab, and who operate in the cross-border drug racketing and organised trafficking of narcotic drugs and psychotropic substances.”
“It is a matter of common knowledge that a huge cache of illicit drugs is smuggled across the border. Some local Pharmaceutical Industries, State police officials and other affluent people have been suspected to be involved, at occasions, in international drug trafficking. The drug addiction has posed a serious threat to the once vibrant state of Punjab,” the bench added.
The appellant Parwinder Singh alias Parminder Singh alias Vicky was one of the accused in an FIR lodged on October 21, 2022, under sections 21, 62, and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Shimlapuri, Ludhiana.
It was alleged that the three accused, including the appellant, were apprehended in a raid and 20 grams of heroin was recovered from them kept in a plastic bag. An Alto car and two motorcycles were also taken into possession. While the appellant managed to escape, two of his co-accused were apprehended from the spot.
The appellant later applied for anticipatory bail, which was declined by the Special Judge. He then approached the High Court, where interim protection against arrest was granted on December 2, 2022. At the time of the final hearing, the High Court was apprised of the fact that the appellant had been involved in one more case under the NDPS Act registered on March 28, 2023.
The bench said it was apparent that the appellant misused the concession of interim bail granted to him on December 02, 2022, as his name surfaced in another case while he was on interim bail. The High Court consequently dismissed his plea, prompting him to approach the Supreme Court.
It further noted it to be true that it was a case of recovery of a non-commercial quantity of the contraband and as such rigours of section 37 of the NDPS Act were not attracted.
A coordinate bench of the court had granted interim protection to the appellant on October 6, 2023, and he joined the investigation, and the charge sheet had also been filed.
The question before the court for consideration was whether the appellant deserved an extension of the benefit of pre-arrest bail in a case of recovery of contraband like heroin while also being found to be involved in one more case under the NDPS Act.
The bench said the courts ought to be highly circumspect while granting bail, especially to a repeat offender. “The appellant, as it seems from the allegations, is a drug peddler and there is every likelihood of his returning to the same illicit trade once he is allowed the privilege of pre-arrest bail,” it said.
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