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Must inform youth about perils of addiction, says Bombay HC; grants bail to duo held with drugs
They two were found in possession of and consuming cocaine, ganja and charas, which was not of commercial quantity, during a birthday party at a bungalow in Igatpuri
The Bombay high court (HC), while granting bail to two young men, who were booked under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, said that young people addicted to alcohol and drugs were not a new phenomenon. They two were found in possession of and consuming cocaine, ganja and charas, which was not of commercial quantity, during a birthday party at a bungalow in Igatpuri.
The court, however, held that it was necessary for the young generation, who follow the principle of ‘now or never’ to be informed about the perils of such addiction. The court granted the duo bail as they did not have any antecedents of being suppliers or drug peddlers. However, they were warned that if found with drugs again, the bail would be cancelled, and they would be dealt with as per law.
The single bench of justice Bharati Dangre, while hearing the bail applications of two young men, who had been booked and arrested by Igatpuri police during a raid on June 27, for consuming and possessing drugs during a party in a rented bungalow was informed by senior advocate Aabad Ponda that the search of the duo had resulted in the recovery of contraband which was not of commercial quantity, hence section 37 of the NDPS Act could not be applied to them.
Ponda further submitted that the raiding party had not complied with the provisions of section 50, which requires the search of the person to be conducted in the presence of a gazetted officer or a magistrate. He submitted that as the officer who searched the accused claimed to be a gazetted officer without telling him that he had a right to seek the presence of another gazette officer, thus there was a lapse on the part of the raiding party.
Lastly, Ponda submitted that the claim of the prosecution that traces of the contraband was found in the swimming pool could not be used to claim that it was put there by the accused nor the assumption of the forensic lab could be accepted that as traces were found in the sample water it could be attributed to being above non-commercial quantity.
In light of these submissions and the fact that the duo was young and was possessing drugs for personal consumption, and they had already spent time in jail with hardened criminals, to avoid getting influenced by other inmates they should be granted bail.
The additional public prosecutor relied upon circumstantial evidence and the forensic lab report to oppose the bail applications.
After hearing the submissions the bench observed, “Considering their young age where they are in a stage of reformation, they deserve one opportunity by restoring their freedom, nevertheless with a forewarning that if they indulge in such activity in future, the law will not spare them and, in any case, at the outcome of the trial, if they are found guilty, they shall undergo the prescribed penalty for indulging in narcotic drugs and psychotropic substance as prescribed under the NDPS Act.”
The court further observed, “It is true that the youth of today leads a lifestyle, where he believes in a cheerful present limiting to ‘now or never’ without thinking of consequences to follow. Adolescence and youth are the phases of a lifetime, where the aking of irrational and impulsive decisions may be favoured by some. The challenge of today mainly focuses on the issue of drug addiction in youth and how to tackle it.”
The court then proceeded to grant bail to the duo on furnishing a personal bond of ₹50,000 each with sureties in like amount and also directed them to visit Igatpuri police station twice a week and restrained them from leaving the country without the prior permission of the special NDPS court.