Punjab govt's 'War on drugs' campaign faces HC scrutiny over misuse of legal provisions
PTC Web Desk: The Punjab Government’s ongoing 'War on Drugs' campaign has recently come under sharp scrutiny by the Punjab and Haryana High Court, which raised serious concerns about the implementation of this campaign and its potential misuse of legal frameworks.
In a significant development, the court highlighted that, over the past month, a disturbing pattern had emerged in drug-related arrests. It pointed out that the seized drugs often belonged to individuals who were either coerced or implicated through the statements of others, leading to a questionable increase in arrest figures.
One such case revolved around the seizure of Atezolam, a medication commonly used for anxiety, with a market price of just Rs 90. The authorities had classified the small quantity seized as a “commercial quantity” under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The Punjab and Haryana High Court, in its observations, accused the Punjab Government of attempting to create an illusion of effective action against drugs ahead of the upcoming legislative elections.
Justice Sandeep Modgil, presiding over the case, reprimanded the Punjab Government for misusing the NDPS Act. He remarked that this misuse was aimed at inflating arrest numbers and falsely projecting that the administration was tackling drug abuse on a large scale. The High Court observed that this not only violates constitutional duties but also puts innocent citizens at risk of wrongful incarceration.
The case in question involved a suspect from Ludhiana, who was arrested after another accused individual named him in their statement. Despite the small quantity of Atezolam seized—just 8.28 gm, valued at Rs 90—the police treated it as a severe drug offense. The defense lawyer claimed that the government was using such cases to boost arrest statistics for political advantage, while in reality, it was harming innocent people by framing them for minor offenses.
The Punjab and Haryana Court emphasised that, for the past month, similar cases had been appearing before the Bench, with drug quantities so small they were worth less than Rs 100. These cases were being classified as “commercial quantities” to justify arrests under the stringent NDPS Act, signaling widespread abuse of the law.
In light of these concerns, the Punjab and Haryana High Court granted conditional bail to the accused, while directing the Punjab Government to submit a response by August 8, during the next hearing. The court made it clear that if the government failed to fulfill its constitutional duty of ensuring a safe and just environment for its citizens, it would intervene and issue orders for corrective action.
- PTC NEWS
