Drug abuse needs to be dealt with heavy hand: High Court

Observing that drug abuse poses a severe threat to social fabric of the society, J&K High Court said it required to be dealt with a strict “hard on crime” attitude.

A bench of Justice Ali Muhammad Magrey while dismissing a Criminal Revision said: “In murder cases the accused commits murder of one or two persons while those who are dealing in drugs are instrumental in causing death or inflicting death blow to a number of vulnerable innocent youths.

“Menace of drug addiction is a complex illness with far reaching consequences for those who now, work with, and support the drug addicted individuals.

The court observed that drug trafficking, if not checked, has the potential not only to destroy the

public health but also the health of a nation as a whole.

Observing that those dealing in drugs are to be dealt strictly, the court said: “Such persons are a hazard to the society and they, even if released temporarily, in all probability, are likely to continue their nefarious activities of trafficking or dealing in intoxicants clandestinely”.

The court observed that while dealing with these matters, the courts are required to have due regard to the harmful socio-economic consequences as well as the health hazards  to ensure implementation of the law in the same spirit with which it was enacted by the Parliament.

The court made these observations while dismissing a criminal revision by one Khurshid Ahmad Wani of Shilvath, Sumbal, Bandipora.

Wani was booked under NDPS Act and a Bandipora trial court had granted him short term bail on June 30 this year. The trial court cancelled the bail on July 25 for “violating the terms and conditions of the interim bail”.

Wani filed criminal revision before the High  Court seeking to set aside the order cancelling his interim bail.

Dismissing the Criminal Revision, the court said there was no question of setting aside the order dated 25 July.

“The interim bail was granted by the trial court not only in complete violation of the mandate of Section 37 of the NDPS Act, but also without having any regard to the law governing the subject, as laid down by various Courts of the country, including the Apex Court”.

The High Court directed the trial court to proceed ahead with the trial of the case and take it to its logical conclusion expeditiously.