Mumbai: Drug trafficking is a serious crime, and drug addiction is a quasi-pandemic, the Bombay High Court said, emphasising the need for authorities to strictly follow legal procedures while arresting individuals and conducting recoveries.

Justice Milind Jadhav, on Tuesday, stressed that while drug traffickers must be dealt with an iron fist, it cannot come at the cost of individual liberty. The court made these remarks while granting bail to four medical representatives arrested in 2023 for alleged possession of medicinal drugs under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The accused challenged their arrest, citing procedural irregularities in the search of their residence. The court underscored the importance of adhering to legal procedures, stating, “The liberty of an accused is too precious a right to be taken away on the basis of flimsy/arbitrary procedure.”

Reflecting on the broader issue of drug abuse, the court noted, “Drug trafficking is a serious crime, and the menace of drug traffickers is prevalent not just in India but across the globe. I will not be wrong to describe drug/psychotropic addiction as a quasi-pandemic.” However, it reiterated that enforcement cannot override legal safeguards.

The four accused claimed that they worked as medical representatives with pharmaceutical companies. Their lawyer, Ayaz Khan, argued that they had been in custody for over a year despite having no prior criminal record. The court acknowledged that they were unlikely to reoffend if released.

Balancing national interests and individual rights, the bench stressed that investigating officers must ensure strict compliance with the law. “We as a system need to invest our resources in educating our statutory officers so they can discharge their wide powers with legal prudence,” the court said.

Justice Jadhav also acknowledged the challenges prosecutors face in defending procedural lapses but emphasized that courts should not reject bail pleas merely to support causes of “national importance and international prevalence.”

Referring to a 2024 Union Home Ministry communication on a Model FIR for NDPS cases, the court directed that a copy of its order be sent to all Commissioners and Superintendents of Police in Maharashtra to ensure strict implementation of the NDPS Act and Rules.

Strict adherence to laws and procedures, leaving no room for doubt or procedural lapses, could help in achieving a drug-free society, the court concluded.