Drug peddlers need to be dealt with sternly: Punjab and Haryana High Court - ECAS Punjab

Drug peddlers need to be dealt with sternly: Punjab and Haryana High Court

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Saurabh Malik

Tribune News Service

Chandigarh, November 9

An accused in a drugs case, who tried to argue that contraband allegedly recovered from him would fall under the non-commercial category if the polythene bag's weight was excluded, has failed to find favour with the Punjab and Haryana High Court.

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High court

Playing with lives

The drug peddlers play with lives of young men and women by introducing them to drugs for small-time excitement/kick. After some time, such persons become addicts.

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Turning down his regular bail plea, Justice HS Madaan also made it clear that drug peddlers were required to be dealt with firmly and sternly. Any misplaced sympathy for them in granting bail liberally would result in increased drug trafficking, exposing more people to the menace and creating turmoil in society.

Justice Madaan also made it clear that the accused could not plead parity and claim benefit similar to the one granted to a co-accused. The court granting bail was required to take into consideration various factors.

The factors included "the role played by each of the accused in the incident, the past criminal record of each accused, the control which could be exercised over each accused to ensure appearance in the court regularly, chances of trying to threaten the prosecution witnesses or influencing them and chances of absconding from the proceedings". In his detailed order, Justice Madaan asserted counsel for the petitioner's argument was that the contraband's weight with polythene was 255 gm. If the polythene and heroin were weighed separately, the recovered contraband would come out to be less than 250 gm, making it non-commercial. It was not explained how the weight of the recovered heroin would be less than 250 gm after deducting weight of the polythene, and from where it could be inferred that its weight was six gm or more.

Normally, the polythene used for wrapping did not weigh that much. Merely on the basis of presumptions and suppositions, the polythene's weight could not be taken to be so to bring the recovery under the non-commercial quantity category.



from The Tribune https://ift.tt/3n8NyNj

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