Alka Verma –
Published on August 27, 2021, at 11:07 IST
In a recent judgement where the Bombay High Court granted Bail to two young men the Court observed that prima facie purchasing drugs for another at a party doesn’t make one a Drug Peddler or attract the rigours of Section 37 for Bail under the Narcotic Drugs and Psychotropic Substances Act (NDPS).
The two young men were arrested for possession and consumption of drugs.
The two men were arrested under the Sections 20, 21, 25 of the NDPS and granted Bail because the drugs seized were not of commercial quantity and also that the mandatory provisions under Sections 42 and 50 were not followed.
The prosecution observed that traces of cocaine were found in the swimming pool and if 1 litre was mixed in the swimming pool, it became a commercial quantity.
Justice Bharti Dangre adopted a reformative approach towards these first time offenders and also emphasized on the attitude of today’s young generation.
The Court held that “Adolescence and youth are the phases of life, where making 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. Experimentation with alcohol and drugs is common. Unfortunately, the youths do not foresee the link between their action today and its consequences tomorrow.”
Justice Dangre further stated, “At this stage, there is no material to indicate that the operation was a part of a crime syndicate, where drugs are sold and purchased and that the Applicant – Harsh, who has brought the substance and offered the same to other accused present in the party, by no stretch of imagination, would assign him the role of a drug peddler.”
Justice Dangre found the prosecution argument of calculating swimming pool contraband very ‘Vague’ and ‘Eccentric’.
Click here to Read/Download the Order
Also Read: What is Narcotics Control Bureau and it’s Role and Functions?