Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

Kerala HC Emphasizes Strict Implementation of NDPS Act Due to Corrupting Effects of Drug Abuse on Young Minds

2 min read

LI Network

Published on: 20 August 2023 at 17:40 IST

In a recent case involving the transportation of 140 kgs of ‘Ganja,‘ the Kerala High Court underscored the detrimental impact of drug abuse on the young generation’s minds.

The court stressed the necessity for the stringent enforcement of the provisions outlined in Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

This particular case prompted the court to reflect on the severity of drug abuse’s effects on society as a whole and the urgent requirement for preventive measures.

Justice Ziyad Rahman AA, a Single Bench of the Kerala High Court, noted that the NDPS Act’s procedure for dealing with drug-related offenses demonstrates the legislative caution taken to address the pervasive and far-reaching consequences of drug abuse and trafficking.

This caution is evident in the strict conditions for granting bail under Section 37 of the NDPS Act. The court emphasized that even offenses under Section 302 of the Indian Penal Code (IPC), which involve the possibility of the death penalty, do not have comparable conditions for bail.

This distinction highlights the Legislature’s recognition of the profound societal impact of drug abuse, particularly on the minds of the youth.

The case involved the arrest of an individual who was transporting 140 kgs of ganja in a pickup van.

The accused was charged under various sections of the NDPS Act, including punishment for offenses involving commercial quantities, conveyance of substances, abetment, and criminal conspiracy. Ample evidence pointed to the petitioner’s involvement in the offense, including his role as the driver of the vehicle containing the contraband and his confession statement.

The court acknowledged that the petitioner’s involvement in the offense was supported by a strong prima facie case.

In light of this, the court determined that the conditions specified in Section 37 of the NDPS Act were not satisfied. These conditions include the requirement that the court must be satisfied of the accused’s innocence and that the accused is unlikely to commit further offenses while on bail.

The court further highlighted the prevalent issue of increasing drug trafficking cases and the significant number of bail applications related to NDPS Act offenses.

Many of the accused individuals seeking bail are young and promising citizens of the country, which underscores the urgent need for the strict implementation of the NDPS Act’s provisions.

The court emphasized that any relaxation of these provisions would lead to grave and irreparable consequences.

In conclusion, the Kerala High Court declined to grant bail to the petitioner in this case and disposed of the application.

The court’s decision underlines the critical importance of addressing the scourge of drug abuse and trafficking, particularly considering their corrosive impact on the minds of the youth.