Drug peddlers have destroyed social fabric, deserve no sympathy: Punjab & Haryana High Court

While upholding the conviction of a drug peddler, the Punjab & Haryana High Court recently said that drug peddlers have successfully destroyed the social fabric of our society. [Chhota Singh v. State of Haryana].Justice HS Madan said that no sympathy should be shown to drug peddlers, as they have led the youth down a wrongful path."Even otherwise, the appellant/accused for a pecuniary benefit opted to play with lives and health of people of the area by making them addict to taking drugs. The drug peddlers have successfully destroyed the social fabric of our society and led youth to the wrongful path. Such type of persons need to be dealt with firmly and sternly and no sympathy can be shown to them lest that should prove to be counter productive and result in increased drug trafficking," the Court said. .The Bench was hearing a criminal appeal filed by the appellant against a sentence of 10 years' rigorous imprisonment and fine amount of ₹1 lakh, imposed on him by a special court in 2007. .The police had received information that the appellant was selling poppy husk in an abandoned house in the middle of Fatehpuri village. They formed a raiding party and apprehended the appellant, who was found sitting on bags of contraband.It was noted that one of the witnesses who accompanied the officers on the raid, had turned hostile. The appellant had been relying heavily on the said hostility, claiming that he was falsely implicated in the case as the witness in question has clearly said that there wasn't any raid. However, the Court said,"I am not impressed by this contention. It has to be kept in mind that many a times human beings do get influenced by various factors like close proximity with a person, accused of an offence, considerations like caste, creed religion and factors like the person, accused belonging to the same village or town, which make them hesitant to speak the truth and rather presenting a wrong version to help the accused. Merely because the independent witness had chosen not to support the prosecution story, the prosecution story does not get adversely affected.".The Court added that the police officers had no motive to involve the accused in this case wrongly or depose against him to secure his conviction. "There is nothing on record to show that such official witnesses of recovery examined by the prosecution had any previous score to settle with the accused. Therefore, their statements are to be taken at par with those of independent witnesses. An independent witness showing hostile tendency towards the prosecution, his deposition cannot be taken to be gospel truth so as to discard the voluminous incriminating evidence adduced by the prosecution both oral as well as documentary, which is found to be cogent, convincing and reliable," the judge opined. .Advocate Ramesh Goyat appeared for the appellant. Additional Advocate General Vijesh Sharma represented the State. .[Read order]