'Drug Abuse Causing Economic Issues, Social Disintegration': Delhi High Court Denies Bail To Nepali Peddler

Observing that consequences of drug abuse menace can be experienced across the board from causing economic issues to social disintegration, the Delhi High Court on Monday denied bail to a Nepal citizen accused of dealing in narcotics substances.

Justice Subramonium Prasad denied bail to the Petitioner, booked under the NDPS Act, on two counts: (i) he is a supplier of drugs and it cannot be ruled out that if released on bail, he will not indulge in such activities again; and (ii) being a citizen of Nepal has no roots in society and can be considered a potential flight-risk.

He added that the Court, while considering a case for grant of bail under NDPS Act, has to keep in mind the purpose of the Act, i.e. to prevent the menace of drug abuse.

"The harmful effects of drugs on an individual and on the society have been researched extensively and are well known. The menace of drug abuse is also on the rise in the country and the consequences of the same can be experienced across the board from causing economic issues to societal disintegration," the Court said.

Background

A secret information was received on December 18, 2020 that one Nepali national might be carrying some narcotic drugs for the purpose of delivery to his client. A team reached the place and apprehended the petitioner accused.

During preliminary inquiry, the petitioner accepted that he was carrying charas in his bag and that he used to sell the same to his clients.

A case was therefore registered at Narcotics Control Bureau for offences under Sections 8, 20(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

The petitioner was in custody since December 19 last year and his bail application was rejected by Special Judge, NDPS, Patiala House Courts in March this year.

In view of this, an application seeking regular bail was filed by him in the High Court. The Petitioner pleaded parity with Haresh Rawal, his client.

"The petitioner is also alleged to have committed an offence which is punishable up to ten years of imprisonment. Furthermore, the case herein is different from the case of Haresh Rawal, who was granted bail vide order dated 03.06.2021 as charges are yet to be framed in the instant case and the chances of the petitioner jumping bail cannot be ruled out as he is not the resident of India," the Court observed.

Accordingly, the petition was disposed of.

Title: MADAN LAMA v. NARCOTICS CONTROL BUREAU

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