LI NETWORK
Punjab and Haryana High Court bench of Justice Anil Kshetarpal dismissing the bail pleas of accused held in NDPS cases, said it was “necessary to break supply chain of the narcotics responsible for spoiling our youth in the country”.
Accused Kanhaiya, Sukhpal Singh, Tejpal and Gautam Dass Bail Pleas declined by High Court. They were arrested on January 21 this year under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Odhan police station, Sirsa district, Haryana.
Agency found 6.5 kg opium from their custody in a black polythene bag in possession of Gauri Shankar.
Advocate of accused contended that the gazetted officer from the department of panchayats, was not authorised and therefore the proceedings of search and seizure was in violation of Section 50 of the Act of 1985.
Advocate of accused contended that on completion of the investigation, the challan has been presented on June 26, 2020 and, therefore, the petitioners be released as the conclusion of the trial is likely to take a lot of time.
Apart from enlisting certain departments in Section 42, the Parliament uses the phrase ‘any other department’ of the central or state government. Thus, the gazetted officer can be from any department. Only requirement is that he should be empowered in this behalf by general or special order by the central or state government.
Dismissing the bail pleas High Court said, “In these cases, custodial interrogation plays significant role because it is necessary to break supply chain of the narcotics responsible for spoiling our youth in the country.”