The Bombay High Court, in a recent ruling, emphasized the severe impact of drug trafficking and addiction, describing drug addiction as a “quasi pandemic.” Justice Milind Jadhav, presiding over the case, highlighted the necessity for law enforcement agencies to rigorously adhere to legal procedures during arrests and searches, particularly under the Narcotics Drugs and Psychotropic Substances (NDPS) Act.
The remarks came during the bail hearing of four individuals arrested in 2023 for alleged possession of medicinal drugs. These individuals, who were employed as medical representatives, contested their arrests and searches, citing procedural irregularities.
Justice Jadhav granted bail to the accused, stressing that while drug trafficking must be combated with severity, it should not compromise the liberty of individuals. “People dealing in drugs need to be dealt with an iron fist, but it cannot be at the cost of the liberty of an individual,” he stated.
The court underscored the importance of balancing national interests against the rights of the accused. The judge pointed out the broader implications of drug abuse, noting its global prevalence and the significant challenges it poses to society. He also acknowledged the difficulties faced by prosecutors who often have to defend cases marred by procedural lapses.
Advocate Ayaz Khan, representing the accused, argued that his clients had been detained for over a year without any criminal records, advocating for their release on bail. The court concurred, recognizing that the accused, as medical representatives, were unlikely to reoffend and should be granted bail.
Justice Jadhav’s ruling also included a directive to all commissioners of police and superintendents in the state, urging them to enforce the provisions of the NDPS Act and associated rules stringently. He mentioned a 2024 communication from the Union Ministry of Home Affairs, which was sent to all state governments concerning the model FIR for registration of NDPS cases, highlighting the need for precise legal adherence.
The judge called for enhanced training and education for statutory officers to ensure they could exercise their broad powers judiciously and in accordance with the law. He expressed hope that strict implementation of laws and rules would contribute significantly to curbing drug-related offenses and moving towards a drug-free society.
