Young Generation Will Be Destroyed If NDPS Act Is Not Implemented Scrupulously: Bombay High Court

The Bombay High Court recently called for a 'scrupulous' implementation of the provisions of the Narcotics Drugs and Psychotropic Substances Act (NDPS) as its failure may result in the rampant use of drugs, which will not only destroy the edifice of our society but also the younger generation, which is the future of the country.

Sitting at Nagpur, single-judge Justice Govind Sanap while hearing a criminal appeal against conviction of two men under the NDPS for possessing 39 kilograms of Ganja.

The NDPS Act, the judge said, is a special legislation for the control and regulation of the operations relating to narcotic drugs. The judge noted that prior to the NDPS Act's enforcement, the Opium Act 1857, the Opium Act 1878 and the Dangerous Drugs Act, 1930 were enacted and operating.

"The drug trafficking and drug abuse had posed serious problems to the National Governments. It is not out of place to mention that narcotic drugs is a menace to the society. It is the duty of all the stake holders to sincerely & scrupulously implement the provisions of the NDPS Act. If the provisions of the NDPS Act are not sincerely and scrupulously implemented and the use of the drugs becomes rampant, it is bound to destroy the edifice of our society. It can destroy the younger generation, which is the future of this country," Justice Sanap observed.

In his judgment pronounced on October 25 but made available on Tuesday, the judge referred to the national survey, which shows that the average age of the Indian population is 30 to 35. The judge thus, added, "If the use of drugs is unchecked and rampant, then it is bound to spoil the younger generation and ultimately the society. All concerned, as and when required to deal with such illicit drugs or drug trafficking, has to put a right foot forward."

These observations were made after the bench noted several lapses on part of the prosecution and also the Trial Court, in appreciating the electronic evidence, especially the video footages of the raid conducted by the officers of the Crime Branch, Akola Police on September 23, 2020. The judge noted that the Trial Court failed in properly examining the CD containing the video of the raid and therefore, ordered a 'retrial' in the case by setting aside the judgment dated April 29, 2023, by which the appellants were convicted under the NDPS and sentenced to 12 years in prison.

While ordering a retrial, Justice Sanap ordered that the copy of the instant judgment be forwarded to the Registrar General and the Registrar (Inspection-I), who shall ensure that while conducting the inspection of the Court, the drawbacks similar to the instant proceedings must be looked into and brought to the notice of the concerned officer so as to avoid such mistakes in the future. 

Appearance:

Senior Advocate AS Mardikar along with Advocates KH Anandani, Ved Deshpande, Bhavin Suchak, DP Singh, VD Ruparelia and MB Sharma appeared for the Appellants.

Additional Public Prosecutor AM Joshi represented the State.

Case Title: Kailas Pawar vs State of Maharashtra (Criminal Appeal 449 of 2023)

Citation: 2024 LiveLaw (Bom) 601

Click Here To Read/Download Judgment