The Delhi High Court has refused bail to a Nepali citizen arrested for drug supply, saying that the drug abuse menace was on the rise in the country, which had several consequences ranging from economic issues to societal disintegration.
Justice Subramonium Prasad stated that the offences under the NDPS Act cannot be equated with those under the IPC.
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, the judge said.
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) was enacted to curb this menace and therefore its purpose must be kept in mind while considering the grant of bail in such cases, he added.
The court also opined that offences committed under the NDPS Act cannot be equated with those under the Indian Penal Code or others.
In the present case, the accused was arrested for commission of offences under the NDPS Act by the Narcotics Control Bureau (NCB) team after it received information that one Nepali national of small built wearing yellow coloured clothes would be coming near metro for delivering narcotics to his client.
The court noted that the accused had accepted that he was carrying charas in his bag, which he sold to his clients.
The facts reveal that the petitioner is a supplier of drugs and 46 packets of charas were recovered from him, the court stated as it added that the offences alleged to have been committed by the accused was punishable with up to ten years of imprisonment.
The court observed that charges were yet to be framed in the case and opined that since the accused was a citizen of Nepal, he has no roots in society and can be considered a potential flight risk.
If released on bail, it cannot be ruled out that he will not indulge in such activities again, the court added.
The chances of the petitioner jumping bail cannot be ruled out as he is not a resident of India, the court said as it dismissed the bail plea.