Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year
The Madhya Pradesh High Court recently rejected the second bail application moved by accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 along with M.P. Drugs Controls Act, 1949 on the ground that cases of drug abuse are on the rise, which is adversely affecting the young generation.It also made reference to the effects of organized activities...
The Madhya Pradesh High Court recently rejected the second bail application moved by accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 along with M.P. Drugs Controls Act, 1949 on the ground that cases of drug abuse are on the rise, which is adversely affecting the young generation.
It also made reference to the effects of organized activities of the underworld and the clandestine smuggling of narcotic drugs on adolescents and students, as notice by the Supreme Court.
Justice Anjuli Palo was essentially dealing with a bail application moved by accused U/S 8, 21 and 22 of the NDPS Act, and U/S 5 and 13 of the MP Drug Control Act.
As per the prosecution story, the police intercepted the car of the accused and allegedly, seized 330 bottles of the contraband, "Onrex Cough Syrup" from the possession of the Applicants and other co-accused person. The Applicants submitted that they have been falsely implicated by the police. They further argued that there was no direct or indirect allegation against the them as no contraband material was seized from their possession. They also submitted that since they were under custody for almost a year, they deserved to be released on bail.
Examining the submissions of the parties, the Court observed-
The Supreme Court in the case of Gurudev Singh Vs. State of Punjab (Criminal Appeal No. 375/2021) has observed that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to number of innocent young victims who are vulnerable; it cause deleterious effects and deadly impact on the society; they are hazard to the society. Organized activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances shall lay to drug addiction among a sizeable section of the public, particularly the adolescents and students of both sexes and the menace has assumed serious and alarming proportions in the recent years.
Consequently, the Court decided not to grant bail to the Applicants. It concluded-
In view of the observations made by the Supreme Court and looking to the increasing number of such cases in society and its adverse effect on the young generation now-a-days, I do not find it a fit case to release the applicants on bail.
Case Title: Rahul Islam Khan and Anr. v. State of Madhya Pradesh
Case citation: 2022 LiveLaw (MP) 29