The Uttarakhand High Court expressed concern that forces hostile to India are waging a “war of drugs” with the aim of destabilizing the country. The Court criticized the ongoing investigations under the Narcotic Drugs and Psychotropic Substances Act, describing them as unprofessional and flawed.
Uttarakhand: Hostile forces aiming to harm the country initiated a drug war as part of their larger objective to fragment India, the Uttarakhand High Court recently stated.
Justice Vivek Bharti Sharma, in his observations, noted that drug trafficking cartels have established an active international network with the backing of disruptive elements.
The Court remarked,
“India is confronting one of its major challenges in the form of illicit trafficking of narcotic drugs and psychotropic substances. The drug trafficking cartels possess an active international network and involvement of disruptive forces with strong support. It is widely known that these divisive forces, hostile to the nation, have unleashed a drug war to achieve their ultimate sinister objective of balkanizing India,”
The Court further highlighted that the Narcotics Control Bureau of India notes on its website that drug traffickers are increasingly utilizing technological advancements to challenge drug law enforcement agencies globally. This includes the use of the darknet for drug sales and drones for cross-border drug transportation.
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However, the Court expressed concern over the unprofessional and flawed nature of investigations into offences under the NDPS Act.
The Court remarked,
“Such faulty and unprofessional investigations often result in the acquittal of accused individuals in serious offences. This outcome is not only unfortunate but also dangerous, as acquittals in such serious cases not only embolden the acquitted individuals but also weaken the deterrent effect of punitive provisions,”
To avoid such outcomes, the Court stressed the need for personnel in the police investigative wing to undergo refresher courses and training from experts and experienced officers.
These observations were made during the hearing of a bail plea by a man convicted by the trial court under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and sentenced to five years of rigorous imprisonment.
The convict’s counsel argued that there were significant discrepancies in the witness statements presented at trial and that crucial evidence was not introduced.
Additionally, the counsel contended that mandatory statutory provisions of the NDPS Act not followed during the investigation, with no evidence of compliance presented in court.
The State’s counsel strongly opposed the bail application, citing serious allegations against the appellant. However, he acknowledged that key witnesses two police constables not listed among the witnesses, and the Investigating Officer or prosecution did not submit an application to summon them.
The Court observed,
“The Investigating Officer failed to fulfil his duties, as did the Government Counsel, who concluded the prosecution’s evidence and arguments without applying under Section 311 CrPC (as per the then Criminal Procedure Code) to summon these two witnesses. The Court must also point out that the Trial Court failed to summon these witnesses as well.”
Considering the specific circumstances of the case, without delving into the merits, the Court granted bail to the appellant.
The Court ordered,
“Let the appellant/convict be released on bail during the pendency of the present criminal appeal, upon furnishing a bail bond with two sureties of Rs. 250,000 each, and a personal bond of the same amount to the satisfaction of the learned Trial Court,”
The Court emphasized that investigations in all criminal cases, particularly drug-related cases, must be conducted with the highest level of care, caution, and diligence, ensuring strict adherence to all mandatory statutory provisions.
Furthermore, the Court directed that a copy of this order be sent to all courts in the State for compliance. Additionally, the order should be forwarded to the Director of the Uttarakhand Judicial and Legal Academy in Bhowali, Nainital, to ensure that these observations and directives are included in the refresher courses and induction training for judges.
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The single-judge also directed that district judges in all districts discuss these observations and directives during their monthly meetings.
The Court remarked,
“This is not a mere part of the Court’s musings or wishful thinking, but a necessity of the current times. With the hope that these observations will permeate the administrative consciousness of those in charge, a copy of this order is also to be sent to the Director General of Police, Uttarakhand, for appropriate action to prevent dereliction of duty and negligence in investigations. Furthermore, it is directed that all officers who may be assigned investigations under the NDPS Act undergo a two-day training in coordination with the Narcotics Control Bureau, Dehradun, and the Uttarakhand Judicial and Legal Academy, Bhowali, Nainital,”
The matter scheduled for the next hearing on December 17.
Advocate Aditya Pratap Singh represented the appellant, while AGA Pankaj Joshi appeared for the State.
Read Order
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