Drug Peddlers… Need to be Dealt With Firmly and Sternly With No Sympathy” – High Court in Narcotic Drugs Case
In a landmark judgment on the 26th of February 2024, the Punjab and Haryana High Court, presided over by Justice Sandeep Moudgil, firmly rejected a bail petition in a case involving narcotics possession under the NDPS Act.
Brief on Legal Point
The judgment revolved around a regular bail plea under Section 439 of the Criminal Procedure Code in a case registered under Section 22 of the NDPS Act. The court’s decision was heavily influenced by the provisions of Sections 35 and 37 of the NDPS Act.
Facts and Issues
Petitioner Gautam Sehgal, a chemist, was accused of having unaccounted intoxicant capsules and tablets. The FIR specified the seizure of red and brown capsules, along with white tablets, without valid documentation.
Detailed Court Assessment
Severity of Drug Menace: The court highlighted the extensive drug trafficking issue in Punjab, acknowledging its devastating effects on youth and the larger society.
Petitioner’s Alleged Role: The absence of valid prescriptions or bills for the seized narcotics pointed towards Sehgal’s involvement in illicit drug activities.
Presumption of Culpability: According to Section 35 of the NDPS Act, the court presumed a culpable mental state due to the lack of a convincing explanation from Sehgal.
Criteria for Bail: Referencing Section 37 of the NDPS Act, the judgment underlined that bail is not merited unless there are reasonable grounds to believe in the accused’s innocence.
Ongoing Investigation: The decision to deny bail was also influenced by the ongoing investigation and the pending Forensic Science Laboratory report.
Decision The court, underscoring the need for a stringent approach against drug traffickers, dismissed Sehgal’s bail application, citing the case’s serious nature and the ongoing investigation.
Date of Decision: 26.02.2024
Gautam Sehgal Versus State of Punjab
