Read Judgement: Madan Lama vs. Narcotics Control Bureau

LE Staff

New Delhi, August 19, 2021: While dismissing a bail application, the Delhi High Court has observed that the purpose of enacting the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 was to curb the drug menace and this purpose must be kept in mind while considering the grant of bail in matters pertaining to the Act. 

The Single Bench of Justice Subramonium Prasad observed that the petitioner has indulged in offences under the NDPS Act and the same cannot be equated with the offences under the Indian Penal Code (IPC) or other offences. 

The observation came pursuant to a petition filed u/s 439 of CrPC for grant of regular bail in case registered at the Narcotics Control Bureau (NCB) for offences u/s 8, 20(b) and 29 of NDPS Act.

The point of dispute was recovery of 46 packets of charas from the petitioner who is alleged to be a supplier of drugs. 

The High Court observed that the petitioner being a citizen of Nepal has no roots in society and can be considered a potential flight-risk. Thus, he satisfies the factor that there exists the danger of him absconding or fleeing from justice, if released on bail. 

Furthermore, if the petitioner is released on bail, it cannot be ruled out that he will not indulge in such activities again, added Justice Prasad. 

“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,” opined the High Court. 

Justice Prasad also distinguished from the reliance placed on a judgment of a Division Bench of this Court in Minni Khadim Ali Khun v. State NCT of Delhi,  wherein it has been observed that where the recovered contraband is a small quantity, the offence is bailable. 

The factor that only 10 grams of contraband was recovered from Haresh Rawal in Minni Khadim case, stands on an entirely different footing from the case of the present petitioner, added Justice Prasad. 

Therefore, the High Court refused to grant bail to the petitioner considering that he is alleged to have committed an offence which is punishable up to ten years of imprisonment.

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