The Punjab & Haryana High Court has raised serious concerns over the Punjab Police's approach in handling the anti-drug drive, warning that assessing police performance based on achieving fixed targets could lead to wrongful arrests and abuse of power. The court highlighted that such an approach might create a situation where innocent people could be framed just to meet the assigned goals.
Justice Sandeep Moudgil, while addressing the issue, observed:
"As far as the present scenario of Punjab is concerned, the Anti-Drug drive is a welcoming step to combat the rising menace which is rotting the Indian youth, but in cases where the performances of the police authorities will be assessed based on completion of quantified targets, this court has no hesitation in saying that such an approach will create a barbaric situation wherein the innocent person would be made a scapegoat to achieve one's target."
The judge further elaborated that such an assessment system could result in the misuse of police powers and the true intent of the anti-drug campaign would be overshadowed by the pressure of achieving commendable Annual Confidential Reports (ACRs).
Case Background
The court was hearing a regular bail plea filed under Sections 21-B and 22-C of the NDPS Act, 1985, related to an FIR registered at the Special Task Force Police Station.
The petitioner's counsel argued that his client had been falsely implicated, claiming that no recovery was made from his conscious possession. The defense pointed out that while 2,400 Alprazolam tablets were allegedly recovered, the batch number was missing, as confirmed by the Forensic Science Laboratory (FSL) report dated June 30, 2024, from RTFSL Bathinda.
The counsel also contended that the mandatory provisions of Section 50 of the NDPS Act were violated. He explained that the search of the vehicle was conducted first, and only later was the dissent statement of the petitioner recorded, which contradicts the guidelines set by the Supreme Court.
State's Argument
Opposing the plea, the state counsel argued that the offense was of a grave nature, citing the recovery of 2,400 Alprazolam tablets and 100 grams of heroin from the petitioner’s car. The prosecution further emphasized that the petitioner had a criminal history and was involved in similar cases, making him undeserving of bail.
Court’s Observations
During the arguments, the petitioner's counsel produced a newspaper article from The Indian Express dated March 18, 2025, which quoted Punjab’s Director General of Police, Gaurav Yadav. The report explicitly mentioned that SSPs and SHOs in Punjab had been assigned targets for the anti-drug drive, and their performance would be assessed based on these targets.
Expressing concern over this revelation, Justice Moudgil remarked:
"This incremental approach by law enforcement authorities can be likened to a bounty, which, rather than curbing the drug trade, may inadvertently facilitate its expansion at an accelerated rate due to the focus on meeting quantified targets."
Doubt on Police Investigation
The court noted serious discrepancies in the case. The alleged recovery was made from the petitioner’s car in broad daylight, yet, according to the prosecution, only women from nearby houses were available as witnesses, while individuals working in distant fields failed to join as independent witnesses.
The judge remarked:
"Such concocted version of the prosecution raises suspicion in the mind of the court, and it is highly unacceptable that every now and then, the police authority fails to convince passersby to join as independent witnesses, which certainly raises a doubt on the credibility of the police authority."
Call for a Holistic Approach
The court underscored the necessity for Punjab to implement a more holistic strategy to combat drug-related offenses. It stressed the importance of fostering a fiduciary relationship between police officials and the local community rather than simply setting performance targets.
"It is the need of the hour for the State to draft a holistic approach where the police officials and the local community build a fiduciary relationship and move ahead as a team to vanish the web of drug menace. The State should often hold seminars to imbibe in the police officials the quality of selfless work rather than merely working for increments."
Legal Precedent
Referring to the case Baljinder Singh alias Rock vs. State of Punjab [CRM-M-25914-2022], the court stated that denying bail solely on the grounds of previous cases or convictions without considering individual circumstances would not be a justified approach.
In conclusion, the court's observations serve as a critical warning against the potential misuse of police power under the pretext of the anti-drug campaign. The ruling emphasizes the need for a fair, unbiased approach that ensures justice while effectively tackling the drug menace in Punjab.
In the light of the above, the plea was allowed.
Mr. Parminder Singh Sekhon, Advocate for the petitioner.
Mr. J.S. Rattu, DAG, Punjab.
Title: AMRIK SINGH v. STATE OF PUNJAB
