It is definitely a matter of grave concern to note that none other than the Punjab and Haryana High Court at Chandigarh in a most learned, laudable, logical, landmark and latest judgment titled Rinku @ Rinku Singh @ Gandhi vs State of Punjab in CRM-M-2450-2025 and cited in Neutral Citation No:=2025:PHHC:009169 that was finally decided on 21.01.2025 has been most forthright in flagging an unexpected surge in the bail pleas that pertained to heroin since last month and minced just no words to observe in no uncertain terms most unequivocally noting 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. We need to note here that the Chandigarh High Court thus 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. Very rightly so!

It must be also noted that the Single Judge Bench comprising of Hon'ble Mr Justice Sandeep Moudgil of Punjab and Haryana High Court who authored this notable judgment while ruling in this leading case was most forthcoming to note most unambiguously 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. The Court also further added that:
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.

While rejecting the anticipatory bail plea of the petitioner, the Bench held 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 Bench was also most forthright to opine clearly that the petitioner entered into a criminal conspiracy aimed at facilitating the commission of an offense. No denying or disputing!

At the very outset, this recent, rational, remarkable and robust judgment sets the ball in motion by first and foremost putting forth in para 1 that:
The jurisdiction of this Court under Section 482 BNSS has been invoked seeking the concession for the grant of anticipatory bail to the petitioner in FIR No.57 dated 29.03.2024, under Section 21(c) of Narcotic Drugs and Psychotropic Substance Act,1985 registered at Police Station Sadar Fazilka, District Fazilka.

To put things in perspective, the Bench envisages in para 2 that:
Prosecution story set up in the present case as per the version in the FIR read as under :- Office of Coy Commander 'E' Coy BOP Maharsona 66 Battalion BSF District Fazilka Punjab No. BSF/66/Bn/E/Coy/Ops/FIRSeizure/2024/75 Dated 29 March 2024 To The SHO Police Station Sadar Fazilka Distt. Fazilka (Punjab) Subject:

First Information Report (Under Section 154 CrPC)

It is to inform that on 29 March at about 0805 hrs, BSF party led by No. Insp A Benedict (Party Comdr.), while performing operational duties along the Indo-Pakistan International Border, noticed suspicious footprints on the International Border in between Boundary Pillar No.253/4 & 253/5. During thorough search of the area, the following narcotics consignment was recovered from the spot.

Details of the Incident

• Date and Time of Incident: 29 March 2024 at about 0805 hrs.
• Place From Where Consignment Was Recovered:
  • Ahead of Indo-Pak Border Fence in the general area of BOP Maharsona Ex-66 Bn BSF
  • In between Boundary Pillar No.253/4 & 253/5
  • Distance from International Border: 140 Mtrs.
  • Police Station: Sadar Fazilka
  • District: Fazilka (Punjab)
• Name & Description of Property/Items Seized from the Spot: (Copy of Seizure Memo attached)

  S. No	Seized Property/Item(s)	Weight
  1	09 Packets of contraband suspected to be Heroin	9.720 Kgs (after sealed packing)

• Name and Designation of the Officer/BSF Party by Whom the Seizure Was Made:
  • Sh. Law Kumar, AC/Coy Comdr of E Coy Ex-66 Bn BSF
  • 07 Subordinate Officers incl Unit Insp (G) and 26 Other Ranks
• Brief Details of Incident:

  On 29 March 2024 at about 0805 hrs, BSF party led by No. Insp A Benedict (Party Comdr) along with 07 Other Ranks of BOP Maharsona, Ex-66 Bn BSF, while performing operational duties along the Indo-Pakistan International Border, noticed suspicious footprints on the International Border in between Boundary Pillar No.253/4 & 253/5.

  On receipt of the above report, Sh. Law Kumar, AC/Coy Comdr of E Coy, Ex-66 Bn BSF, along with 07 Subordinate Officers incl Unit Insp (G) and 26 Other Ranks of 66 Bn BSF carried out a thorough search of the area.

During Search, the above mentioned narcotics consignment comprising of 09 packets containing approx 9500 Gms of narcotics suspected to be Heroin (packed in plastic bags & the each packet was kept inside black socks, covered with a lungi), hidden in the fields (ahead of Indo-Pak Border Fence) Which belongs to Mangal Singh S/o Sh. Souja Singh R/o Village Maharkewa Mansha, Police Station Sadar Fazilka, Punjab were recovered.

Hence, active involvement of the Mangal Singh S/o Sh. Souja Singh in the smuggling of above Narcotics consignment cannot be ruled out. 3. in view of all above, it is requested to lodge an FIR against the above incident activity under NDPS Act and initiate a strong legal action against the above mentioned delinquent as applicable 4. A copy of the FIR of the instant case/along with a formal receipt of the Seizure Memo be provided to this office for our record purposes and subsequently outcome of this case may also be intimated to this office for further intimation to our Higher Headquarters 5. Kindly acknowledge the receipt of this letter, Please SD/- Insp Athili Benedict BOP Maharsona 'E' Coy 66 Bn BSF Date 29-03-2024.

Finally and far most significantly, the Bench then concludes by holding in para 4 that:
This court at this juncture would first delve into the provision of Section 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, wherein it specifically provides that, individuals can be prosecuted if they are found to be buyers or sellers of contraband, especially in the context of conspiracy or abetment related to drug offences. This section specifically addresses the penalties for those who assist or participate in a criminal conspiracy to commit an offence under the NDPS Act. It emphasizes that whoever abets, or is a party to a criminal conspiracy to commit an offence is subject to punishment under this law. Buyers or sellers though may not be found in conscious possession can be implicated under this section if there is adequate evidence demonstrating their involvement in a conspiracy related to drug trafficking.

An additional aspect that must be considered by this court is the frequent practice where individuals are implicated under Section 29 of the NDPS Act assert that they were neither present at the scene nor had any contraband in their conscious possession. Taking advantage of this defense, many such accused persons are granted bail. However, this practice needs to be addressed, as individuals targeted under Section 29 are often the primary masterminds behind the drug trafficking networks, orchestrating operations from a distance while using others, typically those found in direct possession of the drugs, as scapegoats. Consequently, the court is of the firm opinion that in such cases, these individuals should be held equally accountable and should not be afforded any leniency.

Furthermore, 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. Divine qualities of an individual who consumes narcotic drugs disappear and they are the first sacrifices one normally makes while falling prey to use of drugs. Anxiety of legislature is to prevent the adverse affect of such drugs and substances on the society.

Adverting to the merits of this case 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 and 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. Hence all these facts allows the court to reasonably conclude that the petitioner entered into a criminal conspiracy aimed at facilitating the commission of an offense.

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 heroin 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.

In the light of above, discussions made and the modus operandi of the kingpins engaged in illicit activities, must be met with unwavering resolve and stringent action. The intent of the legislature and the sanctity of the rule of law must be upheld at all costs, and cannot be allowed to be undermined, regardless of the quantity involved.

Keeping in view the afore-said facts and circumstances and nature of averments, the petitioner does not deserve the concession of anticipatory bail.

Hence, the present petition is hereby, dismissed.

On the whole, we thus see that the Punjab and Haryana High Court has demonstrated zero tolerance for crimes related with drugs and has most explicitly held that drug malady eating country's future like termite. It was also rightly acknowledged by the Bench that a surge in bail pleas involving heroin shows State's failure to curb the most serious drug malady in Punjab. No denying it!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.