In a robust response to the escalating crisis of drug smuggling along the Punjab border, the Punjab and Haryana High Court, acting on its own accord, took notice of “The Pioneer” report highlighting the Border Security Force's (BSF) significant apprehensions regarding drug and arms trafficking along the Punjab border.
As part of its directives, the Court instructed the Narcotics Control Bureau (NCB) to submit a status report, providing comprehensive details on individuals grappling with drug addiction in the states of Punjab and Haryana. Additionally, directions were also issued to Punjab to outline the specific measures undertaken subsequent to receiving a list containing the names of 75 suspects involved in drug trafficking.
The BSF's proposal to the Punjab Police advocated for the preventive detention of the 75 ‘suspected’ individuals under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT NDPS) Act, 1988.
The individuals identified in the list are considered to be a significant part of the network responsible for trans-border smuggling. Primarily operating in the bordering districts of Tarn Taran, Ferozepur, and Fazilka, these smugglers are believed to be acting as couriers or overseeing smuggling modules.
The Double Bench, comprising Acting Chief Justice Ritu Bahri and Justice Aman Chaudhary, has directed the listing of the matter as public interest litigation (PIL) on the basis of the news report.
Notices of motion have been issued to the states of Punjab and Haryana, along with the Narcotics Control Bureau (NCB), scheduling the hearing of the matter for January 16, 2024.
The Court has specifically directed the state of Punjab to file a comprehensive status report detailing the concrete steps taken in response to the proposal submitted by the BSF. Simultaneously, the state of Haryana is mandated to file a detailed status report outlining the actions taken within the State concerning the burgeoning issue.
In a firm directive, the NCB has been instructed to file a status report providing intricate details on individuals suffering from drug addiction in Punjab and Haryana. Furthermore, the report should outline a strategic approach to raise awareness about the drug menace, preventing individuals not currently addicted from succumbing to drug abuse.
The Pioneer’s news report that triggered the Court's intervention highlighted staggering statistics from the BSF’s operations in 2023. A colossal 755 kgs of narcotic items, delivered through the use of drones at the India-Pakistan border, were intercepted. The seized items also include rifles and pistols, posing a significant threat to regional security.
The BSF's comprehensive proposal, which prompted the court's intervention, seeks to disrupt the illicit drug trade network that has plagued the region for an extended period. The focus is on preventive detention under the PIT-NDPS Act, emphasizing the urgency of curbing the influence of suspected drug smugglers in the identified districts. The preventive measures aim to mitigate the potential threat posed by these individuals, thus fortifying the overall security apparatus in the region.
Notably, Section 3 of the PIT-NDPS Act empowers the Centre and State Governments to detain individuals, including foreigners, to prevent their engagement in illicit drug trafficking.
Sharing insights into comprehensive efforts made by BSF and other law enforcement agencies, BSF Western Command’s Special DG Yogesh Bahadur Khurania (IPS) had said that a database of suspected drug smugglers in border areas and hinterlands has been meticulously prepared, accompanied by vulnerability mapping to identify areas prone to illegal activities.
With BSF seizing 95 drones in 2023 with a majority occurring in Punjab and a few in Sri Ganganagar area in Rajasthan, Khurania pointed that drones have emerged as a significant challenge in drug smuggling activities, and there was need for specialized equipment capable of detecting drones in the air. Khurania also emphasized that the BSF is actively exploring and implementing advanced technology to detect drones in the air.
In addition to seizures of drones, the operational achievements of the BSF in 2023 include the interception of 755 kg of narcotic items, 15 assorted rifles, and 38 pistols. Furthermore, 36 Pakistani nationals were apprehended, and nine Pakistani intruders were neutralized along the International Boundary (IB) and the Line of Control (LoC).