Punjab & Haryana HC pushes for global crackdown on drug mafias

The order, pronounced on July 31, 2025, in the Seema vs State of Punjab case, highlights the growing challenge posed by transnational drug networks. The case registered on June 18, 2024, in Jalandhar, deals with the seizure of 1 kg of heroin from co-accused Satish Suman, who allegedly procured the contraband under the instructions of Lucky, a Jalandhar native now based in the USA.

“The court’s dockets have ever-increasing cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and these days, the trend of heroin being smuggled by the Indian drugs mafia from Pakistan’s border is also more noticeable,” the order stated.

It further observed, “Today, even the most advanced nations of the world are finding it increasingly difficult to counter and control the rising menace of illicit drug trafficking and resultant drug abuse.”

Proposing a proactive measure, the court said, “Whenever there is any involvement of foreign nationals operating from foreign land, or drug operations from outside India, when the quantity of drugs is significant, senior officers from the rank of SSP and above must communicate the gist of the investigation along with the information about such foreign national to the Ministry of Foreign Affairs”.

The High Court stated that it is for the Ministry to consider whether to forward such details and information to the countries from where the criminals and mafias had carried out their operations.

‘Act immediately’: Court to SSP

In this case, the court directed the Senior Superintendent of Police or the Commissioner of Police to act immediately.

“Send details of the information along with the phone numbers of Lucky to the concerned Secretary of the Ministry of Foreign Affairs, Government of India, to enable them to consider communicating such inputs to their counterparts and intimate the United States of America about Lucky’s involvement in heroin trafficking.”

To institutionalise the practice, copies of the order have been sent to the Director Generals of Police (DGPs) of Punjab, Haryana, and UT Chandigarh for internal circulation.

The order stated that Satish Suman had disclosed that after delivering heroin to customers, he used to hand over drug proceeds to Lucky’s wife, namely Neha, and had also sold heroin to the present petitioner, Seema.

Seema, in custody for nine months, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marking her second attempt. Her counsel argued that prolonged detention would cause “irreversible injustice” and sought bail with strict conditions.

The state opposed the plea, citing her extensive criminal record with eight prior NDPS and IPC cases, including convictions.

Applying Section 37 of the NDPS Act, which bars bail in commercial quantity cases without “reasonable grounds” to believe the accused is not guilty, the court observed:

“The quantity allegedly involved is commercial. Although the recovery is not from the petitioner, there is sufficient prima facie digital evidence connecting the petitioner with the main accused.”

The order cited Seema’s disclosure statement dated November 4, 2024, confirming communication with Lucky on multiple US-based numbers via WhatsApp.

‘Petitioner has a massive criminal history’

Rejecting bail on gender or custody grounds, the court held that the petitioner’s custody of around nine months cannot be termed prolonged, “given the minimum sentence prescribed and the quantity of heroin being four times the commercial quantity”. The petitioner has a massive criminal history, it noted.

The Bench also referred to Supreme Court rulings, including Union of India (NCB) v. Khalil Uddin (2022) and Narayan Takri v. State of Odisha (2024), reinforcing the strict approach under Section 37.

While dismissing the plea, the court allowed the liberty to apply again if the trial is delayed beyond three years.

“The duty of this court does not end here, as it is one such rare case, where this Court is compelled to paint beyond its canvas,” the order remarked, signalling the urgency for a systemic response.