Assessing Police's Performance Based On Targets Achieved In Anti-Drug Drive Will Create Barbaric Situation, Innocents Can Be Made Scapegoats: P&H HC

The Punjab & Haryana High Court has raised concern on the possible misuse of Punjab Police power in anti-drugs drive started off late in Punjab, wherein all SSPs and SHOs will be given quantified targets and based on that, their performance will be assessed.

Justice Sandeep Moudgil observed, "As far as the present scenario of Punjab is concerned, the Anti-drug drive is a welcoming step to combat the rising menace which is rotting the Indian youth but in cases where the performances of the police authorities will be assessed based on completion of quantified targets, this court has no hesitation in saying that such approach will create a barbaric situation wherein the innocent person would be made a scapegoat to achieve one's target."

"Such assessments would definitely lead to misusing of powers by the police authority and the essence of the anti drug drive would be lost in the urge of achieving a commendable ACR," the judge said.

The Court was hearing regular bail plea under Sections 21-B, 22-C of NDPS Act, 1985 registered at Police Station Special Task Force.

Counsel for the petitioner contended that the petitioner has been falsely roped in the instant FIR as no recovery has been effected from the conscious possession of the petitioner. He further contended that 2400 tablets of Alprazolam that has been allegedly recovered does not bear any batch number which stands corroborated by FSL report dated 30.06.2024 submitted by RTFSL Bathinda.

It  was argued by the counsel for the petitioner that mandatory provisions of Section 50 of the NDPS Act was not complied with wherein the search of the vehicle was conducted first and later the dissent statement of the petitioner was recorded which is prima facie a clear violation of the mandate of the Apex Court.

Opposing the plea, the State counsel sought dismissal of the instant petition on the ground that the offence is of serious nature as total 2400 tablets of Alprazolam along with 100 gms heroin has been recovered from the car of the petitioner.

He further submitted that the petitioner does not have a clean record as he is involved in other cases of similar nature and on this basis does not deserve the concession of regular bail.

After analysing the submissions and material available on the record, the Court noted "During the course of argument another glaring fact has come before this Court, wherein the counsel for the petitioner has produced a newspaper page namely Indian Express dated 18.03.2025...wherein Director General of Police, Punjab, Gaurav Yadav has explicitly stated that Punjab police, precisely SSP and SHO will be assigned targets in the ongoing drive against drug on the basis of which their performance will be assessed."

Justice Moudgil highlighted that, "This incremental approach by law enforcement authorities can be likened to a bounty, which, rather than curbing the drug trade, may inadvertently facilitate its expansion at an accelerated rate due to the focus on meeting quantified targets."

In the present case, the Court noted that, the alleged recovery was from the car of the petitioner wherein the search was conducted in the broad day light yet as per the version of the prosecution, only women were present in the nearby houses and persons working in far away fields failed to show their ability to join as witness.

"Such concocted version of the prosecution raises suspect in the mind of the court and it is highly unacceptable that every now and then, the police authority fails to convince the passer-by to join as independent witnesses which certainly raises a doubt on the credibility of the police authority," it observed.

The Court said that it is the need of the hour for the State to draft a holistic approach where the police officials and the local community build a fiduciary relationship and move ahead as a team to vanish the web of drug menace and the State should often hold seminars to imbibe in the police officials the quality of selfless work rather than merely working for increments.

Referring to Baljinder Singh alias Rock vs. State of Punjab [CRM-M-25914-2022], the Court said, " strict adherence to the rule of denial of bail on account of pendency of other cases/convictions in all probability would lend the petitioner in a situation of denial the concession of bail."

In the light of the above, the plea was allowed.

Mr. Parminder Singh Sekhon, Advocate for the petitioner.

Mr. J.S. Rattu, DAG, Punjab.

 Title: AMRIK SINGH v. STATE OF PUNJAB

Citation: 2025 LiveLaw (PH) 138

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