The seriousness of drug trafficking and the need to deal firmly with drug peddlers influenced the court's decision to decline the bail application.

JUDGMENT

H.S. Madaan, J. - Case taken up through video conferencing.

2. This petition for regular bail has been filed by petitioner -Jasbir Singh @ Mota - an accused in FIR No.234 dated 10.9.2020, under Sections 22(C) of NDPS Act, registered at Police Station City Patti, Tehsil Patti, District Tarn Taran.

3. Briefly stated, the facts of the case as per prosecution story are that on 10.9.2020, when nabbed by the police, the petitioner was found in conscious possession of contraband in the form of 2300 intoxicant tablets without any permit or licence or medical prescription coming within category of commercial quantity. He was accordingly arrested. The contraband was seized. The petitioner had approached the Court of Judge, Special Court, Tarn Taran by filing an application for regular bail, which was declined by the said Court vide order dated 15.1.2021, as such, he has approached this Court with the same request. Notice of the petition was given to respondent - State and counsel representing the State has put in appearance.

4. I have heard learned counsel for the parties besides going through the record.

5. The contraband recovered from the possession of petitioner/accused amounts to commercial quantity, attracting bar of Section 37 of NDPS Act, which reads as under:

Offences to be cognizable and non-bailable.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for 3 [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(2) The limitations on granting of bail specified in clause (b) of subsection (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.

6. In the present case, I do not see any reason to record satisfaction that there are reasonable grounds for believing that the petitioner is not guilty of such offence and that he is not likely to commit any offence while on bail.

7. The drug trafficking is rising at an alarming rate in this region, which has ruined the lives of young men and women. Drug peddlers for a small monetary consideration make the youth to use drugs for a small time excitement/kick. The drug peddlers have successfully destroyed the social fabric of our society and led youth to the wrongful path. Such type of persons need to be dealt with firmly and sternly and no sympathy can be shown to them lest that should prove to be counter productive and result in increased drug trafficking.

8. Under the circumstances of the case, the apprehension expressed by the State counsel that if petitioner is granted bail, there is every likelihood to his absconding and even tampering with the prosecution evidence cannot be brushed aside lightly.

9. Therefore, finding no merit in the petition, the same stands dismissed.