Sessions Court Jammu Denied Bail To Drugs Peddlers

Jammu June 18:-The vocation judge district court jammu, Mr tahir khurshid Raina, rejected twin bail applications by a common order , filed by the accused applicants who stand arrested for commission of offences under NDPS Act. Both the accused applicants namely Ajeet singh and Avilash Mandi have been nabbed by the police of police station Satwari & Bishnah and booked in F.I.R No’s: 104/2019 & F.I.R No: 79/2019 for commission of offences under section 8/21/22 NDPS Act. The contraband which was recovered from both was Heroin falling under intermediate catagory as per the schedule . Investigation is still on .

The court held that though rigour of sec 37 of NDPS doesn’t apply to the intermediate category of the contraband seized but still the bail is governed by the provisions of criminal procedure code as enshrined in sec 497 of the code. Court held that gravity of the offence and it’s impact on the society are the star factors to be considered while deciding the bail application by criminal courts in non bailable offences.

While discussing the impact of drug addiction and drug trafficking on the society , court observed *”Every day India sees ten suicides related to drug abuse. It’s impact is so alarming that a person doesn’t die instantly , but he dies every day. His whole family institution gets crumbled. The addict becomes parasite and the life of the family members associated with him feels traumatised for whole span of life till the drug addict survives this pitiable life. This is how our society is getting affected by this crime”*.
Court further observed in its order *” Society speaks through judge . When the whole society is voicing concern about the colossal impact of drug addiction and drug trafficking on the society and especially the younger generation, which is the hope of the nation, the courts cannot act as mute spectators and allow this menace to grow.”*
Court further held
*” Fact remains, Bail should not be taken as so readily available dish on platter from the court by prepretrators of crime and a bold and detternt message is worth required to be given by the courts infuthurance of the lofty endavour for eradicating this menace from the society”*.

There is no doubt that bail is a rule and jail is an exception, but this very dictum of criminal justice system has not to be followed blindly but rationaly as observed by the court. The discretion which has to be exercised by the criminal court while deciding bail application is a judicial discretion to be exercised judiciously, as the court observed while referring to elegant words of legend jurist *Benjamin Cordozo* on judicial discretion.

*With these observations court finally rejected the bail applications of the above named accused*.