In a landmark judgment, the Punjab and Haryana High Court condemned the misuse of the Narcotic Drugs and Psychotropic Substances (NDPS) Act by police officials, terming it an “abuse of power” that leads to the harassment of innocent citizens. While granting bail to Lovepreet Singh alias Lovely, who was accused in a narcotics case, the court called for increased accountability and stricter oversight to prevent such incidents.
Case Background
The case, Lovepreet Singh @ Lovely vs. State of Punjab (Case No. CRM-37209-2024 in/and CRM-M-40569-2024), involves Lovepreet Singh, a young diploma holder in agriculture, who was arrested on June 24, 2024, by the Punjab Police. The arrest was based on an FIR (No. 125 dated 26.06.2024) registered under Sections 22 and 29 of the NDPS Act at Sultanpur Lodhi Police Station in Kapurthala district.
Lovepreet Singh’s counsel, Mr. Jagjit Singh, argued that the arrest was made under dubious circumstances. According to the defence, Singh was returning from a field inspection when he was intercepted by a police vehicle. The police allegedly became “annoyed” when Singh did not immediately yield to the trailing vehicle. Subsequently, Singh was stopped, his car and mobile phone were seized, and he was taken to the local police station. The FIR was registered two days later, raising questions about the legality of his arrest and detention.
Key Legal Issues
The court deliberated on several critical legal issues:
1. Legality of Arrest and Search: The defence argued that Singh’s arrest was unlawful and that the search was conducted without the mandatory presence of a Gazetted Officer or Magistrate, violating the procedural safeguards required under the NDPS Act.
2. False Implication and Planting of Evidence: It was contended that the recovery of 525 narcotic capsules was a fabricated attempt by the police to justify the illegal detention of Singh.
3. Nature of Recovered Substances: The Forensic Science Laboratory (FSL) report dated August 21, 2024, revealed that the capsules recovered contained only acetaminophen (paracetamol), a common over-the-counter pain reliever, and not any prohibited narcotic substance.
Court’s Observations and Decision
Justice Kirti Singh, presiding over the matter, found merit in the petitioner’s arguments, particularly noting the absence of any prima facie evidence indicating that Singh had illegal drugs. Referring to the FSL report, Justice Singh observed:
“The recovered capsules only contain salt acetaminophen (paracetamol).”
In light of these findings, the court granted regular bail to Lovepreet Singh, directing the Area Magistrate to release him upon furnishing a bail bond of Rs. 10,000 with a surety of like amount. The court also facilitated the process by allowing advocates to use a downloaded copy of the order for attestation purposes, ensuring swift compliance.
Condemnation of Police Conduct
The court did not limit its observations to the specific case but addressed the broader issue of police misconduct in NDPS cases. Justice Singh strongly criticized the pattern of “police high-handedness,” where innocent individuals are falsely implicated under the NDPS Act. The judgment stated:
“These actions often stem from abuse of power and lack of accountability, turning routine checks or minor encounters into traumatic experiences for law-abiding individuals. The misuse of the NDPS Act in such a manner undermines public trust in law enforcement and diverts attention from genuine efforts to combat drug-related crimes.”
The court further underscored the importance of police accountability and noted:
“In recent times, there have been incidents of police high-handedness, where innocent citizens are being harassed and falsely implicated under the Narcotic Drugs and Psychotropic Substances Act. Such actions highlight a serious lapse in the adherence to the rule of law and demand urgent reforms.”
The judgment stressed the urgent need for reforms and stricter oversight mechanisms to curb such abuses of power. The court directed the Director General of Police (DGP), Punjab, to submit a status report in the form of an affidavit, detailing the actions proposed against the police officials involved in registering the FIR against Lovepreet Singh. The court also mandated the Senior Superintendent of Police (SSP) of Kapurthala to be present at the next hearing on September 20, 2024.
Justice Singh emphasized the role of senior police officials in ensuring accountability:
“The DGP, Punjab, is directed to personally look into this matter and ensure that appropriate action is taken against the delinquent officers to set an example. A status report in the form of an affidavit detailing the proposed action is to be filed before the next hearing.”
The court also highlighted the judiciary’s role in maintaining checks and balances, stating:
“This court shall continue to exercise its judicial oversight to ensure that the rule of law prevails, and any instances of abuse of power by law enforcement are met with the necessary legal consequences.”
Case Details
Case Title: Lovepreet Singh @ Lovely vs. State of Punjab
Case Number: CRM-37209-2024 in/and CRM-M-40569-2024
Bench: Justice Kirti Singh
Petitioner’s Counsel: Mr. Jagjit Singh
Respondent’s Counsel: Mr. Vinay Kumar, Deputy Advocate General
