Drug addiction a 'quasi pandemic'; strict compliance with rules needed during arrest: Bombay HC

Mumbai: Drug trafficking is a serious crime and drug addiction is a "quasi pandemic", the Bombay High Court has said, stressing the need for authorities to scrupulously follow the mandated rules while arresting a person and during recovery procedure.

People dealing in drugs in the society need to be dealt with an iron fist, but it cannot be at the cost of liberty of an individual, a single bench of Justice Milind Jadhav said in an order passed on Tuesday.

The court made the remarks while granting bail to four persons arrested in 2023 for alleged possession of medicinal drugs under provisions of the Narcotics Drugs and Psychotropic Substances (NDPS) Act.

The accused, while seeking bail, raised procedural irregularities by authorities when they were arrested and also while carrying out search of their residential premises.

The bench in its order said the prosecuting agency has to strictly follow the procedure laid down in law during recovery procedure.

"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 HC said.

The bench said the case has got it thinking "deeply" of the repercussions of drug abuse, which is a result its smugglers, peddlers, traffickers.

"Drug trafficking is a serious crime, and the menace of drug traffickers is prevalent not just in India but across the globe. I will not be wrong to describe that drug/ psychotropic addiction is a quasi-pandemic," the judge said.

The miscreants dealing in drugs in society need to be dealt with an iron fist, but it cannot be at the cost of liberty of an individual, the court said.

As per the bail plea, all the accused were medical representatives working with pharmaceutical companies.

Advocate Ayaz Khan, appearing for the accused persons, submitted that they have been in custody for more than a year now and have no criminal antecedents.

The bench said that to strike a delicate balance between the interest of the nation on one hand and rights of the accused on the other, it is the duty of the investigation officer to ensure strict compliance of procedure.

The court also noted that the accused persons are medical representatives, who are not likely to repeat the offence if released on bail.

Justice Jadhav said while he vocalises the need for investigation authorities to follow the procedure under the NDPS Act scrupulously, he was equally aware of the difficulties faced by prosecutors who on a daily basis venture on an insurmountable task of defending the non-compliance by authorities.

The purpose of courts is to secure the rights of citizens and hence they should not mechanically reject bail pleas just to back the cause of "national importance and international prevalence", he said.

The bench referred to a 2024 communication issued by the Union Ministry of Home Affairs to all state governments in respect of the Model FIR in registration of cases under the NDPS Act and associate (relevant) documents.

The HC directed for a copy of its order to be forwarded to all commissioners of police/superintendents of police in each district of the state for implementing provisions of the NDPS Act and rules strictly through the investigation agencies authorised under the NDPS Act.

"We as a system also need to invest our resources on educating our statutory officers so as to enable them to discharge their wide powers with legal prudence and in accordance with the statute/ Rules as prescribed," the judge said.

If laws and rules are strictly implemented and followed leaving no room for doubt or vitiation of procedure, then to a certain extent it may help in achieving a drug free society, the court said.