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2025 Supreme(Raj) 1455
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
GANESH RAM MEENA, J.
Gurudeep Singh @ Gagga, S/o Balvinder Singh- Petitioner
Versus
State of Rajasthan, through PP – Respondent
S.B. Criminal Miscellaneous 4th Bail Application No. 5016 Of 2025
Decided On : 16-04-2025
For the Petitioner: Ms. Soniya Gill
For the Respondent: Mr. Amit Gupta, Public Prosecutor
The court denied bail due to the serious nature of drug-related offences and the accused's ongoing criminality, emphasizing the need for expedited trial proceedings.
Headnote:
(A) NDPS Act, 1985 - Sections 8, 15, 42, 43, 50, and 52A - IPC - Sections 420 and 465 - Bail application - Accused-petitioner in custody since 12.03.2024, with only 3 out of 12 prosecution witnesses examined - Allegations of non-compliance with NDPS provisions - Court finds insufficient grounds for bail due to the nature of the offences and pending cases. (Paras 2, 6, 32)
(B) Drug abuse - Societal impact - The court discusses the extensive social and economic ramifications of drug addiction, emphasizing its correlation with crime and the burden it places on communities. (Paras 29-31)
Facts of the case:
The accused-petitioner is charged under the NDPS Act and IPC, with a significant quantity of contraband involved and multiple pending criminal cases against him. The bail application is contested based on the seriousness of the charges and the need for compliance with legal provisions.
Findings of Court:
The court finds that the accused-petitioner has not demonstrated that he is not guilty of the offences charged and is likely to commit further offences if released on bail.
Issues: The main issues include the compliance with NDPS provisions and the appropriateness of granting bail given the serious nature of the charges and the accused's criminal history.
Ratio Decidendi: The court ruled that the seriousness of the drug-related offences and the accused's ongoing criminality necessitate the denial of bail, emphasizing the need for expedited trial proceedings.
Result: Bail application dismissed.
Order :
(GANESH RAM MEENA, J.)
1. The instant fourth bail application has been filed under Section 483 of the BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.38/2024 registered at Police Station Mandana, District Kota (Rural) for the offences under Section 8/15 of the NDPS Act and Sections 420 and 465 IPC.
2. Learned counsel for the petitioner submits that certain material witnesses including officer who has prepared the seizure memo has been examined. On reading of the statements of all the three witnesses, it is very much clear that there is clear violation of Sections 42 and 50 of the NDPS Act. She further submits that the accused-petitioner is in custody since 12.03.2024 and out of total 12 prosecution witnesses only 3 witnesses have been examined so far. Hence, the accused-petitioner deserves to be enlarged on bail.
3. Learned Public Prosecutor has opposed the bail application and submits that the statements of PW-3, namely, Ajay Kumar speaks about compliance of the Sections 42 and 50 of the NDPS Act.
4. Considered the submissions made by learned counsel for the petitioner and also perused the material available on record including the statements of the witnesses.
5. As regards the submissions of counsel for the accused- petitioner about non-compliance of the provisions of Sections 42, 43, 50 and 52A of the NDPS Act is concerned, the same can be considered and the conclusion can be arrived only after recording of the material prosecution witnesses. In the present case, out of total 12 prosecution witnesses only 3 witnesses have been examined so far.
6. This Court in the case of Shakti Gurjar Vs. State of Rajasthan & Anr. (S.B. Criminal Misc. Bail Application No.13814/2023) decided on 30.07.2024 has observed as under:-
"28. In the present case there is recovery of contraband weighing more than the commercial quantity as notified and also there are five other criminal cases pending against the petitioner. There are no reasons for satisfaction of this Court so as to believe that the accused petitioner is not guilty of offences under the provisions of the Act of 1985 and that he is not likely to commit any offence while on bail as he is already facing five other criminal cases.
29. Drug abuse has taken its toll in almost all the districts of Rajasthan. The addicts primarily belong to youth age. The high rate of drug consumption is leading to issues like illegal trade, drug trafficking, and smuggling. The problem of drug addiction has a significant bearing on drug trafficking which has become a significant challenge for governments and social reformers. The NCB reports that the main internal factor for drug trafficking in India is the illicit cultivation of opium, poppy and cannabis. Also, the diversion from licit opium sources to illegal opium production is a major concern. In the trends of 2020, Rajasthan is among the 3major states, along with Uttar Pradesh and Madhya Pradesh, from where the opium is trafficked to other parts of the country.
Young Indians addicted to drugs are spoiling their lives. Drug addiction is the worst kind of addiction and it causes numerous mental and physical ailments and such youth go often into depression. In order to cope up with stress and depression, they try to consume more drugs and keep spiraling around and are never able to leave this addiction. They lose their sense of control and become vulnerable and many of them commit suicide or get involved in different kinds of criminal activities.
Drug abuse has a direct impact on social and economic aspect of the nation. The impact of drug is realized in workplace, family and the society. It results in violence at home and gang wars in cities, increase crimes and even stresses the public health system and we find young mass addicted to drugs which leads to unsafe life. Addiction not only breaks the family harmony but also puts high economic burden on the society. The economic impact due to Drug abuse is immeasurable.
According to UNDCP re
