Punjab Government Assures High Court of Due Process in Drug Cases
The Punjab Government has assured the Punjab and Haryana High Court that it will adhere to the due process of law before taking any coercive action, including the demolition of immovable property, against individuals accused in drug-related cases.
Following this assurance, the High Court disposed of a petition challenging potential state action. A Bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel noted, “In view of the assurance given by the state counsel, this court does not deem it appropriate to proceed with this matter and disposes of the petition with the hope and expectation that due process of law shall be followed by the state and its functionaries before taking any coercive steps under Chapter 5-A of the NDPS Act against the petitioner.”
The ruling holds broader significance amid concerns that Punjab may adopt the “bulldozer” model seen in other states to crack down on drug peddlers. The court was hearing a petition filed by Raj Kumar, an accused in a trial under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, who feared that the state might take extreme measures such as demolishing his property. Citing a recent Supreme Court ruling, Kumar argued that such actions should not be taken arbitrarily.
Responding to the concerns, Senior Deputy Advocate-General Sartaj Singh Gill reassured the Bench that the petitioner’s apprehensions were unwarranted. He stated, “The state and its functionaries shall follow due process of law, as prescribed in Chapter 5-A of the NDPS Act, before any coercive action is taken.”
With this assurance, the High Court concluded the matter, emphasizing that legal protocols must be followed in such cases.
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