Back
1989 Supreme(J&K) 141
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
R.P. Sethi, J.
Mohd. Sadiq - Appellant
Versus
State - Respondent
B.A. No. 147/1989
Decided On : 29 December, 1989
Advocate For Appellant: M.S. Malik
Advocate For Respondent: P.R. Sharma
In cases involving offenses under the NDPS Act, bail should not be granted lightly, considering the seriousness of the offense, the need to control drug trafficking, and the irrelevance of the social status and position of the accused.
Headnote:
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT, 1985 - SECTION 22/23, 8/21 - BAIL APPLICATION - DENIAL - ACCUSED ALLEGEDLY IN POSSESSION OF HEROIN - STRICT MEASURES REQUIRED TO CONTROL DRUG TRAFFICKING - NO LENIENCY TO BE SHOWN TO ACCUSED PERSONS - SOCIAL STATUS AND POSITION OF ACCUSED IRRELEVANT - TRIAL TO BE EXPEDITED.
Fact of the Case:
The petitioner was arrested for alleged possession of heroin, a drug covered by the Narcotic Drugs and Psychotropic Substance Act (NDPS Act). The Sessions Judge denied bail, holding that the petitioner's involvement in the offense posed a potential danger to society. The petitioner challenged this decision, seeking bail pending trial.
Finding of the Court:
The court acknowledged the seriousness of the offense and the need for strict measures to control drug trafficking. It emphasized that the social status and position of the accused are irrelevant in such cases and that the trial should be expedited to prevent the strangulation of the trial and the destruction of evidence.
Issues: 1. Whether bail should be granted to the petitioner, who was alleged to be in possession of heroin, a drug covered by the NDPS Act? 2. Whether the social status and position of the accused are relevant considerations in granting bail in cases involving offenses under the NDPS Act?
Ratio Decidendi: 1. The court held that bail should not be granted to the petitioner, considering the nature and seriousness of the offense, the character of evidence, the apprehension of witnesses being tampered with, the larger interests of society and the State, and the intention and purposes of the NDPS Act. 2. The court ruled that the social status and position of the accused are irrelevant considerations in granting bail in cases involving offenses under the NDPS Act.
Final Decision: The petition for bail was dismissed, and the trial court was directed to expedite the trial and dispose of the case as early as possible.
2. I have heard the learned counsels for the parties and have perused the record.
3. It has not been disputed by the learned counsel for the petitioner that his client is alleged to be in possession of the heroin a drug covered by the provisions of the NDP3 Act. The punishment provided for the commission of offence under the Act is up to 20 years rigorous imprisonment and a fine of not less than one lakh Rupees. It is further provided that the minimum punishment for the commission of such offence shall be ten years.
4. The Act was enacted to check, control & minimise the menace of drugs addiction in the society in general and in the youths in particular The necessity of enacting legislation with respect to the non-medical use of drugs was felt by the United Nations and its World Health Organisation in view of the alarming situation created all around the world. The deterent punishments were provided for the commission of the offence connected with the non-medical users of the drugs. According to the world Health Organisation, drug has been defined to mean any substance that when taken into organism may modify one or more of its functions. And drugs abuses as self administration of drugs for non-medical reasons in quantity and frequency which may impaire an individuals ability without functioning effectively and which may result in social, physical or emotional harm. Eventually the drugs dependence means psychic and sometime physical, resulting from the entire action between all the living organism and a drug, characteristised by behavioral and other responses which includes complasion to take the things on continuous or periodical basis in order to experience its psychic effects. Out of the drugs used for non-medical purposes, heroine, marfine, codoin, methadine, pathadine are narcotic analgesics. It is universally acknowledged that addiction to heroine is the worst type of addiction because of its eventual consequences in the form of production of craving tolerance to narcotic which occurs rapidly and make it necessary to take increasing doses of the drugs to achieve the same effect. It was therefore, resolved that top priority must be given to prevent the further sprend of drug abuses for which the various legislations were enacted by different countries of the world. The Act was-enacted to consolidate and amend the law regarding the narcotic drugs to make stringent provisions for the control regulation of operation relating to Narcotic Drugs, and psychotropic substances and for matters connected therewith, The drags dependence results in harm not only to the individuals; but also the society resulting in emotional distress, and physical illness if the drug is with-held. Physical Dependence result in adaptive changes in body tissues with the result that when the drug is withheld, the adaptive changes are left un-opposed resulting generally in a rebound over activities The continuance non-medical use of medical drugs, particularly heroine does not only effect the addict, but ultimately harms the mankind. The lucrative trade in the narcotic Drugs, if allowed to flourish would result in the whole society being addicted to dangerous drugs. The intention of the law-makers in the form of the Act was to nip the evil in the bud at the in
