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2023 Supreme(Online)(KER) 7775

HIGH COURT OF KERALA
V. G. Arun, J
TINS XAVIER – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
M.T.SURESHKUMAR, SREELAKSHMI SABU, V.H.JASMINE, JESWIN P.VARGHESE, SHIJI P.S.THASNIMOL, T.S., BASIL CHANDY, VAVACHAN, GEORGIE SIMON, CHARUTHA BHAIJU, CHANDHANA BHAIJU, BASIL SAJAN, BASIL SCARIA, R.RANJITH, T.H.ARAVIND, J.R.PREM, NAVAZ, SUMEEN S., ABDUL RAOOF, K.R.AVINASH, PRAJIT RATNAKARAN

JUDGMENT

Dated this the 13th day of February, 2023 (W.P.(Crl) Nos.1189 & 1241 of 2022, 29 & 83 of 2023, Crl.M.C Nos.8820, 9193 & 9255 of 2022 and 176, 271 & 323 of 2023)

The alarming proportion at which the menace of drugs was growing in our country compelled the Supreme Court to make the following observations in Union of India v Mohanlal and another [(2016)

3 SCC 379];

“26. The menace of drugs in this country, as observed earlier has alarming dimensions and proportions. Studies based on conferences and seminars have very often shown that the menace is deep rooted not only because drug lords have the money power and transnational links but also because the enforcement agencies like the police and at times politicians in power help them in carrying on what is known to be a money spinning and flourishing trade. We only hope that the failure of the Central Government agencies and the State Governments in providing what is the bare minimum in terms of infrastructure required to arrest the growing menace and prevent pilferage and re-circulation of drugs back into the market is not on account of any unholy connect between the drug traffickers and the enforcement agencies. We would comfort

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