CHANDIGARH: The Punjab and Haryana High Court has declared that individuals who have already been granted bail can be arrested and committed to custody if more severe and serious offences are subsequently added to the charges. The assertion came as the Bench compared the infiltration of drugs to termites slowly spreading their tentacles throughout society. The court emphasised the urgent need to address the alarming rise in drug-related activities and outlined a strategic approach to disrupt the supply chain by targeting the sources of drugs and psychotropic substances.
The assertions came on a petition by the National Investigation Agency seeking the cancellation of bail granted to an accused vide order dated July 5, 2021, in a case registered on January 29, 2020, under the provisions of the Narcotic Drugs and Psychotropic Substances Act and the Arms Act at Special Task Force police station in Mohali.
The Bench was told that new evidence emerged after the high court granted bail to the respondent, revealing his alleged involvement in smuggling 500 kg heroin from Pakistan to Gujarat and then to Punjab. Besides this, the respondent was alleged to be a narco-terrorist syndicate’s member.
Justice Manjari Nehru Kaul asserted the key question for consideration was whether bail granted to an accused in a criminal case could be cancelled due to the subsequent addition of more serious and severe offences.
Referring to a plethora of Supreme Court judgments, Justice Kaul asserted the observations left no doubt that a court in exercise of its powers under Section 439(2) of the CrPC could direct a person, already been granted bail, to be arrested and, thereafter, commit him to custody following subsequent addition of more severe and serious offences. The investigating agency, in such a scenario, was entitled to seek an order from the court for arresting the accused and taking his custody.
Allowing the plea, Justice Kaul asserted: “It is no longer a secret and it is rather very unfortunate that the menace of drugs has spread like termites and is slowly spreading its tentacles. To effectively deal with the alarming rise of this drug menace, it would be required to disrupt the supply chain by targeting the source of these drugs and psychotropic substances”.
Justice Kaul added custodial interrogation would be required for the NIA to go to the root and identify the source of the drugs as well as the ‘hawala channel’. The investigation, in the facts and circumstances of the case, would have to be taken to a logical conclusion, for which the interrogation of the respondent, alleged to be running drug syndicate’s operations in Punjab on behalf of its kingpin based outside India, would be crucial.
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