Drug Peddlers of small and intermediate quantity are termites, should not be given bail: Himachal Pradesh High Court

Drug peddlers who deal in small and intermediate quantity of contraband, are like termites in the society and such persons should be dealt with by irons hands by courts when considering their bail pleas, the Himachal Pradesh High Court recently said [Surinder Kumar vs State of Himachal Pradesh]..In a strongly-worded order, single-judge Justice Ranjan Sharma said even a suspect or an accused under Narcotic Drugs and Psychotropic Substances Act (NDPS Act) does not have any vested right or an automatic claim for anticipatory bail or regular bail, merely on the ground that the quantity of contraband, allegedly involved, is either small or intermediate. "Such drug peddlers, who involved in small or intermediate quantity of contraband, are the termites in the society. It is high time that while considering the bail application of such bail petitioners, who resort to small quantity or intermediate quantity trafficking etc. needs, to be dealt with by iron hands," the Court. The Court, therefore, rejected the anticipatory bail application of a drug peddler. "The Courts cannot feign ignorance that it is the modus operandi of Drug Mafia’s or Master-minds or King Pins of such trade, who primarily act through persons who are either indigent or poor or are unemployed or have unwarranted and unexpected financial expectations or who are suffers of financial liability etc., by initially alluring them to act as small peddlers towards trafficking of small and intermediate quantity of contraband, with the predesigned calculation that they may have an easy escape, even if they are apprehended in view of the quantity being small or intermediate," the Court said. .There are endless instances where such peddlers have turned out to be habitual offenders, involved in numerous cases under NDPS Act and under other Statutes, which becomes an important ingredient while examining claim for bail, the judge noted."Enlarging such persons on bail, shall certainly amount to sacrificing the State and of course the nation to such nefarious activists. To attain the objective of the NDPS Act and to ensure the rule of law, such persons who are prima facie involved in nefarious drug abuse, such person have no vested right to be enlarged on bail under the pretext of alleged claim of violation of their liberty in Article 21," the single-judge said in his order.The plea of seeking bail, claiming violation of personal liberty is a farce when the liberty of a person ends where liberty of another including the society at large is in sought to be or actually violated, the Court made it clear.The Court further opined that granting bail to such persons means adding wings to their flight and giving them leverage."Such persons are bent upon, not only to destroy the society at large but are exploiting the youth in the prime of their life, by depriving them of their youth, by curtailing fundamental right to live with dignity, by adversely affecting the health of such a person-who falls prey to such illegal activities. Such drug peddlers, who are involved in small or intermediate quantity of contraband, are the termites in the society," the judge underscored..Justice Sharma further said that though the rigors of Section 37 of the NDPS Act are not applicable (in case of smaller or intermediate quantity), the bail petitioner cannot seek leverage or licence to seek bail when the contraband in question i.e. Heroin/Chitta of 5.65 grams was recovered from him. Granting bail to such a person would entail conferring advancement and extending license to such illegal activities, the Court stated.It noted that the applicant before it also had other criminal cases lodged under the NDPS Act itself."Merely because the quantity allegedly involved is Intermediate quantity then, the same shall not ipso facto confer a right for bail. Enlargement on bail will boost such persons to indulge in illegal activities or trading or peddling of small or intermediate quantity with the hope that even if they are nabbed, they may be enlarged on bail," the Court opined.It added that the dangerous potential of Heroin/Chitta (recovered from the applicant) also restrains it from exercising its discretion in favour of the bail petitioner."Even a pinch of touch out of one gram of Heroin or Chitta is sufficient enough to make a person initially addict, without which the person becomes repulsive. Such addiction for them leads to peddling for own sustenance and for easy trading. It is high time that the rule of law needs to be strictly enforced and the societal interests are safeguarded and protected; lest tomorrow one and all may face repentance, repentance and repentance only and nothing more," the Court emphasised.With these observations, the court dismissed the anticipatory bail application..Advocate Sanjeev Kumar Suri appeared for the applicant.Additional Advocate General Jitender Sharma represented the State..[Read Order]