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Punjab and Haryana HC hears plea citing 74 lakh drug users, seeks responses from Punjab, Haryana, and Chandigarh

PIL flags ‘ignored’ preventive laws, says stronger action needed to stem drug-linked crime.

HCThe accused advocate, around 70 years old and practising at the Punjab and Haryana High Court, has been in custody since August 14, 2025. (Express Photo)

The Punjab and Haryana High Court Friday issued notices to the governments of Punjab and Haryana, the Chandigarh UT administration, and its own registry on a public interest litigation (PIL) highlighting alleged non-implementation of key preventive and accountability provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, to tackle the rampant drug problem in Punjab.

A division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry heard the PIL filed by petitioner Kanwar Pahul Singh, who appeared in person.

Singh’s petition, supported by a voluminous compilation of news clippings detailing ongoing anti-drug campaigns like ‘Yudh Nashya Virudh’ and ‘Operation Prahar’ since March 2025, as well as numerous reports of police involvement in drug rackets, extortion, corruption, and failures in enforcement, argued that despite high-profile operations, raids, arrests and seizures, the drug scourge persists due to lax implementation of statutory safeguards.

He emphasised that Sections 128 and 129 of the BNSS empower authorities to take pre-emptive action against suspected habitual offenders and persons likely to commit crimes, yet these preventive measures are rarely invoked in practice. Singh contended that proactive use of these provisions could curb the involvement of youth and adolescents in drug-related crimes, often lured by gangs for small sums.

Citing a recent statement by the Narcotics Control Bureau (NCB) Zonal Director on March 4, 2026, Singh informed the court that Punjab has approximately 74 lakh drug users, including about seven lakh in the 10-17 age group. He argued that this alarming scale demands proactive policing rather than reactive measures after offences occur.

The petitioner further pointed to delays in trials caused by witnesses failing to appear, urging strict compliance with Section 183(6) second proviso and Section 190(2) of the BNSS. These allow for early recording of witness statements before an executive magistrate in serious cases punishable with 10 years or more, and require bonds from complainants or witnesses to secure their attendance.

Singh also flagged non-enforcement of Section 40 of the NDPS Act, which mandates publishing details of convicted drug traffickers in local newspapers at the convict’s expense to deter others and raise awareness. He highlighted Sections 46 and 47 of the NDPS Act, requiring landowners to report illegal cultivation of narcotic substances on their property, and linked this to Section 172 of the BNSS for the police to issue directions and hold accountable those neglecting reporting duties.

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During arguments, the bench inquired about the competent authorities for implementation, to which Singh replied that the Home Departments of the states and UT, along with police leadership, bear primary responsibility. The bench observed that the provisions cited are statutory obligations expected to be followed by authorities and granted Singh liberty to submit a detailed representation to the departments concerned.

Counsel for Punjab accepted notice on behalf of the state while contending that Sections 128 and 129 of the BNSS had been wrongly interpreted by the petitioner.

The case will now be heard on April 8.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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