Prolonged Drug Abuse Has Devastating Effects On Entire Family: Bombay HC While Denying Bail To Accused Baking & Selling Charas Laced Brownies
The Bombay High Court while denying bail to an accused of baking and selling charas laced brownies on the Wefast App, expressed serious concerns over the long lasting effects of drug abuse on the entire family of the users. In the matter 10 kg of brownies, 320 grams opium, and cash of Rs.1,74,000/- were seized from the applicant's residential premises pursuant to which he was arrested.
It is to be noted that the Court of the Special Judge had rejected the application earlier through its order dated March 5, 2022, observing that the seized contraband was of commercial quantity, having regard to the seriousness and gravity of the offence, and the bar under Section 37 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
A bench of Justice Anuja Prabhudessai while denying bail to the accused noted, “The witnesses, who have allegedly purchased brownies from the applicant are youngsters. The records prima facie reveal that the applicant, who has been deriving income from sale of Charas laced brownies has primarily targeted the youth. It is well known that drug abuse in adolescents and youth poses high risk of physical, psychological and emotional disorder. The long term and long lasting effects of drug abuse not only impact the user but also have devastating effects on the entire family”.
Advocate Taraq Sayyed i/b. Durgesh Jaiswal appeared for the applicant, Advocate Shreeram Shirsat appeared for the Respondent and APP R.M. Pethe appeared for the State.
The applicant was accused for the offences punishable under Section 8 (c ) read with Sections 20(c), 27, 27-A, 28, 29, 30, and 35 of the NDPS Act.
In this case, as per the records, the Intelligence Officer, Narcotics Control Bureau (NCB) Mumbai received specific information that the applicant was involved in baking and selling cakes with charas. Accordingly, after complying with the mandatory statutory provisions under Sections 42 and 50 of the NDPS Act the NCB team raided the apartment of the applicant.
Pursuant to the arrest and upon investigation, another co-accused, Ramzan Shaikh was also arrested, and 50 grams of charas was seized from his possession. The representative sample of brownies and opium which was forwarded to CSFL tested positive for charas and morphine
It was further put forth that the statements of the witnesses and the other material placed on record prima facie revealed that the applicant used to procure Charas and bake brownies infused with charas. The applicant allegedly used to take online orders for sale of such brownies and the same were delivered through online delivery platform known as Wefast App.
Therefore, considering the material placed on record, the quantity of the contraband seized and the drug menace prevalent in the society, the bench held, "In the instant case, the applicant was prima facie in possession of commercial quantity of contraband, and there are no reasonable grounds for believing that the applicant is not guilty of the offence. Furthermore, the possibility of the applicant continuing online sale of charas laced brownies to the students, adolescents and youngsters cannot prima facie be ruled out".
Cause Title: Rahmeen Rafiq Charania v. The Union of India
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