Drug Malady Eating Country's Future Like Termite, Surge In Bail Pleas Involving Heroin Shows State's Failure To Curb Menace: P&H High Court

The Punjab & Haryana High Court has flagged an "unexpected surge" in the bail pleas involving heroin since last month, observing that it indicates the state government's failure to curb this menace, especially in the state of Punjab which is a great concern in itself as this drug malady is eating the future of this country like a termite.In doing so the Court rejected the anticipatory bail plea wherein the petitioner along with the co-accused was accused of conspiring to transport the narcotics from Pakistan via drone and a huge recovery of 9 kg of heroin was recovered.Remarking on the surge of bail matters in such cases Justice Sandeep Moudgil in its order said: "Also this court would note that in the past one month there is unexpected surge in the petitions for the grant of bail particularly involving herion contraband which indicates the state government's failure to curb this menace especially in the state of Punjab which is a great concern in itself as this drug malady is eating the future of this country like a termite. Hence this court being the guardian of its citizens deems it necessary that to curb this drug menace such offenders needs to be taken to task especially when the lives of the country's youth its future, are at risk.The petitioner namely Rinku was booked under Section 21(c) under NDPS Act.Counsel for the petitioner contended that Rink has been nominated as an accused in the present case on the basis of disclosure statement suffered by his co-accused namely Harjinder Singh, apart from that there is no other incriminating material against the petitioner to connect him in the commissioning of offence.After analysing the submissions, the Court said that "the drug is a social malady, while drug addiction eats into the vitals of the society whereas drug trafficking not only eats into the vitals of the economy of a country, but illicit money generated by drug trafficking is often used for illicit activities including encouragement of terrorism. The devastating effects of narcotic drugs on any person who comes to its touch are too well known"Normally, such a person ceases to be a normal human being, and is more or less reduced to zombie living animal existences and rushing fast to meet the maker, the Court added.In the present case, the Court noted that there are serious allegations against the petitioner that he along with other co-accused persons has been smuggling heroin since 2022 and it was the petitioner who introduced the other co-accused to this smuggling business, moreover, the quantity recovered is huge i.e 9 kg of heroin which is commercial is nature therefore rigours of section 37 of NDPS Act will be attracted.Consequently, the Court opined that "the petitioner entered into a criminal conspiracy aimed at facilitating the commission of an offense."Stating that the modus operandi of the kingpins engaged in illicit activities, must be met with unwavering resolve and stringent action and sanctity of the rule of law must be upheld at all costs, and cannot be allowed to be undermined, "regardless of the quantity involved", the Court rejected the plea.Ms. Rashi Verma, Advocate for Mr. Manu Loona, Advocate for the petitioner.Mr. Jaspal Singh Guru, AAG, Punjab. Title: Rinku @ Rinku Singh v. State of PunjabClick here to read/download the order

Drug Malady Eating Country's Future Like Termite, Surge In Bail Pleas Involving Heroin Shows State's Failure To Curb Menace: P&H High Court

Aiman J. Chishti

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