Chandigarh: The Punjab Government has since long been claiming that it has waged a war against the drug menace in the state. But a judgment by the Punjab and Haryana High Court shows that the establishment is not really interested in arresting the problem.

The judgment clearly indicates that the state government’s ostensible effort to find a cure for the fatal habit — by taking drug peddlers into custody — has been brought to a naught by an apparent unholy nexus between the accused and the authorities; and even hardened criminals are getting the benefit of “default” bail.

The ruling by Justice Rameshwar Singh Malik on a bail petition by Amritpal Singh in a drugs case also makes it clear that the “state cannot ignore its constitutional obligation in this regard and become a silent spectator”.

In drug cases, the challan has to be presented within 180 days or else extension in time is required to be sought. Failure to present the challan within the stipulated period gives the accused an “indefeasible right” to get “default” bail, in the absence of extension in time granted by the court.

The judgment says in many cases, the police report is not being presented before the courts within the statutory period, or even during the extended period granted by the courts. The explanation for non-presentation of challan is the delay in receiving forensic reports.

But Justice Malik adds: “The State of Punjab is not setting up sufficient number of forensic science laboratories for the reasons best known to it, so as to ensure that no undue delay is caused in conducting the test of narcotic drugs.

“Due to the delayed process, habitual and chronic offenders, particularly who are repeatedly indulging in NDPS cases, are getting undue benefit of default bail and have to be released by the courts, having been left with hardly any discretion in this regard”.

Justice Malik adds that default bail, as a result of “this wholly unwarranted situation created at the hands of the state” is one of the strong reasons giving rise to the cases under the NDPS Act.

“It has become a vicious circle and ultimately, the innocent public as well as the justice delivery system are the sufferers. It is very much avoidable, of course, but the will to do is required to achieve this objective, which is conspicuously missing.”

Justice Malik has also asserted: “In fact, it is a very sorry state of affairs that the investigating agency, particularly in the State of Punjab, is miserably failing in its duty in very many cases, particularly in the NDPS matters, while not following the mandatory provisions of law.

“This unhealthy practice, nay an apparent unholy nexus between the accused persons and the concerned authorities, is going on for obvious and extraneous reasons… However, the respondent state seems to be totally disinterested and the concerned agencies are proceeding on an indifferent approach. This is how a very serious damage is being caused to the social fabric”.

Note: Above news was originally published by The Tribune under title: Punjab not serious in combating drugs: HC, by Saurabh Malik (Tribune News Service) at source url: http://www.tribuneindia.com/news/punjab/punjab-not-serious-in-combating-drugs-hc/76279.html. It’s reproduced here for the information of readers/ visitors of the Sikh Siyasat News.