Chandigarh: The Punjab & Haryana High Court today sought a response from the Punjab Government and other authorities on a Public Interest Litigation (PIL) filed seeking the implementation of guidelines issued by the Supreme Court against bulldozer action and provisions of NDPS Act, following the reported demolition drive by the Punjab Police of drug peddler’s property. A PIL has been filed by People Welfare Society, seeking to ensure compliance of the Supreme Court’s directions and implementation of the provisions of confiscation of property as per due process of law under the NDPS Act.
The Punjab Police have been razing the properties of alleged drug suppliers in their latest measure against drugs. Last week, the Ludhiana city police said they demolished illegal constructions linked to two drug peddlers and have identified 78 more such properties that will be razed.
What is in the Petition Demand
The petitioner has sought confiscation of property under the NDPS Act and following due legal process of forfeit. Apart from this, an appeal has also been made to implement section 107 of BNSS 2023 and section 19 (a) to (c) of the Motor Vehicles Act, 1988, so that the growing problem of drug addiction in Punjab can be effectively stopped.
The report submitted in the petition stated that Punjab Police has so far seized properties worth about Rs 94 crores belonging to 112 smugglers. Apart from this, the police also claimed that plans have been made to demolish the properties of 78 more alleged drug smugglers in Ludhiana.
Order to file reply by March 25
A division bench of Chief Justice Sheel Nagu and Justice Sumit Goel issued notice to the Punjab government, Secretary, Punjab Transport Department, Ludhiana Police Commissioner and Zonal Director, Narcotics Control Bureau, Chandigarh, and asked them to file their replies in the matter.
Along with this, the court also asked what is the impact of the Supreme Court’s decision in this case. On this, the petitioner’s lawyer argued that this decision prohibits the demolition of property against any accused without following due legal process, which should also be followed by the Punjab Police. The court has sought responses from all in the matter and has scheduled the next hearing on March 25, 2025.
Supreme Court on bulldozer action
“The executive cannot declare a person guilty as it is the responsibility of the judiciary. On the basis of mere allegations, if the property of an accused is demolished without due process of law, it would be against the basic principles of law and cannot be permitted. The administration cannot become a judge and decide that the accused is guilty and punish him by demolishing his property.”