Drug Abuse Corrupts Young Generation's Minds; Strict Implementation Of NPDS Act Need Of Hour- Kerala HC In 140 Kgs Ganja Transportation Case
|The Kerala High Court has observed that drug abuse is corrupting minds of the young generation and strict implementation of the provisions of Section 37 of the NDPS (Narcotics Drugs and Psychotropic Substances) Act, 1985 is the need of the hour. The Court was dealing with a case that involved transportation of 140kgs of 'Ganja' by the accused.
A Single Bench of Justice Ziyad Rahman AA noted that, "... one of the crucial aspects to be noticed is that even for the offence under Section 302 of the IPC, to which the death penalty is prescribed as the maximum punishment, no conditions as contained in section 37 of the NDPS Act are stipulated for grant of bail. This indicates the care and caution taken by the legislature while prescribing the procedure to deal with the offences under the NDPS Act. This is evidently because of the huge impact of drug abuse and drug trafficking on Society as a whole, as the said impact is not confined to any individual or individuals or his/their family. It is something affecting the society as a whole, by corrupting the minds of the young generation."
Counsel Nireesh Mathew appeared for the petitioner, while Public Prosecutor CS Hrithwik appeared for the State.
In this case, the accused was arrested for transporting 140kgs of ganja in a pickup van. Subsequently, he was placed under judicial detention, and was charged under Sections 20(b)(ii), 25 and 29 of the NDPS Act, for punishment for offences involving commercial quantity, punishment for conveyance of substance, punishment for abetment, and criminal conspiracy.
The Court noted that ample evidence indicated the role of the petitioner. In extension of the same, the Court observed that, "He was driving the said vehicle, and as pointed out by the learned Public Prosecutor, the contraband article, which is in huge quantity, was found concealed in the vehicle among the boxes of mangoes. Since the quantity is voluminous, under normal circumstances, the same cannot be transported without the knowledge of the person driving the vehicle. Besides the same, there is a confession statement from the petitioner."
Thus, it was noted that a strong prima facie case as to the involvement of the petitioner was made out, and that there was nothing to believe that the petitioner was not involved in the offence and he would not commit the offence in future. This did not align with the rigour under Section 37 of the NDPS Act, which outlined conditions for the grant of bail in a case involving a commercial quantity of the contraband article, namely,
(i) the satisfaction of the Court while granting bail that there are reasonable grounds for believing that he is not guilty of such offence,
(ii) that he is not likely to commit any offence while on bail.
The Court stressed that the strict implementation of the provisions of Section 37 of the NDPS Act is necessary, and any relaxation thereon will have serious and irreparable ramifications. In that context, the Court further said that -
"There is a rampant increase in drug trafficking cases nowadays, and not a single day passes without reports of the detection of drug trafficking cases. This court cannot ignore the fact that the substantial number of the bail applications coming up before this court are related to the offences under the provisions of the NDPS Act, in which most of the accused are young and bright citizens of our country, who are expected to contribute to the future growth and the well being of the country. Therefore the strict implementation of the provisions of section 37 of the NDPS Act is the need of the hour, and any relaxation thereon will have serious and irreparable ramifications. A message, which is loud and clear, as to the stringent provisions of the NDPS Act, and its strict implementation is required to the sent. In this case, the contentions raised by the petitioner are to be dealt with, with that object in mind."
Accordingly, the Court refused to grant bail to the petitioner and disposed of the application.
Cause Title: Nandakumar N vs State of Kerala