JUDGMENT :

1. These petitions are filed either seeking for bail or anticipatory bail, in respect of cases arising out of the offences under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act, 1985] mandates that no person accused of an offence punishable under Section 19 or Section 24 or Section 27-A of the NDPS Act and accused of an offence involving commercial quantity, shall be released on bail, unless the accused satisfies the twin conditions, viz., (i) there are reasonable grounds for pleading that the accused is not guilty of such offences and (ii) that he is not likely to commit any offence while on bail.

3. The Central Government by notification vide S.O.1055[E] dated 19.10.2001 has fixed possession of 20Kgs of Ganja as commercial quantity.

4. The allegation in the present cases is that the petitioners / accused were in possession of more than 20Kgs of Ganja and in view of the provisions under Section 37 of the NDPS Act, these petitions which are filed in the past one month are tagged together and are posted for hearing.

5. The approximate quantity of Ganja involved in these cases comes to 3847.92Kgs. This whopping quantity of Ganja involved in the petitions filed in a month expose the volume of Ganja in circulation within few districts, which is shocking and warrants serious consideration.

6. As per the data of the National Crime Records Bureau (NCRB), in between the years 2017 and 2019, around 11,858 cases under the NDPS Act were registered in this State. The State of Tamil Nadu ranks 5th place with the number of cases registered for the narcotic and psychotropic substances offences.

7. The United Nations conducted a survey and published a report on the World Drug Day that Surveys in India-2018 and Nigeria-2017, revealed that there is a steep increase in drug consumption and around 271 million people are using some form of drugs and around 13% suffered due to drug use disorders. Another report estimates that around 3.44 % boy and 3.88% girl students in the age group of 15 and 20 are drug addict. The data were tabled before the Rajya Sabha in the year 2016 that India recorded 10 suicide cases every day, due to drug or alcohol addiction. The States of Maharastra, Madyapradesh, Tamil Nadu and Kerala are at the top of the table of the drug related suicides.

8. According to the National Crime Records Bureau (NCRB), there were 3647 such suicide cases reported in India in the year 2014, of which, Tamil Nadu accounted for 552 suicide cases. These reports not only frighten, but also expose the ground reality as to how Ganja and other drugs spoil the students and adolescents.

9. We are witnessing the emergence of juvenile crimes, such as chain snatching, sexual abuse and other offences. Taking note of the same, the Hon'ble Chief Minister of Tamil Nadu has made an announcement on the Floor of Assembly that Tamil Nadu Government would amend the Narcotic Drugs and Psychotropic Substances Act, 1985 so as to take stern action against the people peddling drugs like Ganja, Gudka., etc in and around schools and colleges. Further the Hon'ble Chief Minister has pointed out that within three months 10,673 cases have been registered and 149.43 tones of Ganja were seized.

10. Considering the seriousness of the offence under the NDPS Act, the legislators thought it fit and introduced the provisions under Section 37 of the NDPS Act prohibiting grant of bail only on certain conditions of those offences.

11. During the course of hearing in these petitions, some of the learned Counsel in these petitions levelled serious allegations as against the respondent Police that the cases are foisted by circulating the Ganja, which is available in the police station, mixing it with horse dung and saw dust, etc., The learned Counsel further submitted that