The Bombay High Court emphasized the serious nature of drug trafficking and addiction, insisting authorities adhere to legal procedures in arrests while granting bail to four accused amid procedural irregularities.
Mumbai: Drug trafficking is a serious crime, and drug addiction is a “quasi pandemic,” the Bombay High Court has observed, underlining the necessity for authorities to scrupulously follow legal procedures while arresting individuals and conducting recovery operations.
A single bench of Justice Milind Jadhav made these remarks while granting bail to four individuals arrested in 2023 for alleged possession of medicinal drugs under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. While emphasizing the need for strict action against drug traffickers, the court also stated that it cannot come at the cost of an individual’s liberty.
The accused, while seeking bail, argued that procedural irregularities were committed by authorities during their arrest and while searching their residences. In response, the bench stated that prosecuting agencies must strictly adhere to legal procedures in recovery operations.
“This is because the liberty of an accused is too precious of a right to be taken away on the basis of flimsy/arbitrary procedure,”
the court emphasized.
Justice Jadhav highlighted that drug trafficking is a global menace, and its impact is widespread. “I will not be wrong to describe drug/psychotropic addiction as a quasi pandemic,” the judge remarked.
However, while addressing the severity of drug-related crimes, the court stressed the importance of following due process.
“Miscreants dealing in drugs need to be dealt with an iron fist, but it cannot be at the cost of liberty,”
it stated.
The bail plea noted that all four accused were medical representatives working for pharmaceutical companies and had no prior criminal records. Their counsel, Advocate Ayaz Khan, argued that they had been in custody for over a year.
To balance national interests with individual rights, the court highlighted the duty of investigating officers to ensure strict compliance with legal procedures. Justice Jadhav also acknowledged the challenges faced by prosecutors in defending procedural lapses by authorities.
The bench referred to a 2024 directive by the Union Ministry of Home Affairs regarding the registration of cases under the NDPS Act and associated documents. The court ordered that its ruling be forwarded to all commissioners of police and superintendents of police across Maharashtra to ensure that investigation agencies strictly implement NDPS Act provisions.
“We as a system need to invest resources in educating statutory officers so that they can discharge their powers with legal prudence and in accordance with the statute,”
Justice Jadhav said.
The court concluded that strict implementation of laws and procedures, with no room for doubt or procedural lapses, will contribute towards achieving a drug-free society.
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