Demolition Of Alleged Drug Peddler's Property In Punjab | Plea Filed In High Court Seeks Implementation Of SC's Guidelines On “Bulldozer Justice”

A Public Interest Litigation (PIL) has been filed today in the Punjab and Haryana High Court seeking the implementation of guidelines issued by the Supreme Court, following the reported demolition driver by Punjab Police of drug peddler's property.

According to Indian Express report published on February 28, the Punjab Police have been razing the properties of alleged drug suppliers in their latest measure against drugs. On Tuesday, the Ludhiana city police said they demolished illegal constructions linked to two drug peddlers in and have identified 78 more such properties that will be razed.

Last year in November, sending a strong message against the trend of "bulldozer justice", the Supreme Court held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted in a crime.

"The executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review. Only on the basis of the accusations, if the executive demolishes the property/properties of such an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible. The executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property/properties. Such an act of the executive would be transgressing its limits," the Court had then said.

The plea filed by the advocate Kanwar Pahul Singh also sought immediate directions necessary , ensuring strict implementation of proper Procedure provided for Forfeiture of illegally acquired Property under Chapter V-A of the NDPS Act, Section 107 of BNSS, 2023 provided for 'attachment, Forfeiture and recovery of property' (Proceeds of Crime) and further ensure implementation of section 19 (a) to (c) of M.V. Act, 1988, in order to curb "Drug Menace' prevailing in State of Punjab and further to save themselves from contempt proceedings.

Newspaper reports were cited in the petition which stated that the Punjab Police has demolished houses of alleged drug pedlars on the ground that the property was acquired from drug trade.

"The police have also claimed that they have identified well-nigh 78 more drug peddlers would soon be razed in Ludhiana. It is further said that they have already attached properties worth Rs. 94 crores associated with 112 smugglers," it added.

The plea further contended that, "the NDPS Act, is a complete code per-se, and has provided sufficient procedure to deal with the Illegal Acquired Property and there is also another provisions under law to deal with such property, hence, proper and adequate procedure should be implemented in order to curb the drug menace in the state of Punjab and further in order to save officials of respondents from any reverse repercussions, which may be invited in view of the judgment cited supra."

Title: PEOPLE WELFARE SOCIETY v. STATE OF PUNJAB AND OTHERS