Experimentation with drugs a common problem among youth who do not foresee consequences: Bombay High Court grants bail in NDPS case

Two boys accused of offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act were granted bail by the Bombay High Court on Tuesday considering their young age and possibility of reformation (Harsh Shah v. State of Maharashtra and another matter)..The Court was hearing bail applications filed by two applicants Harsh Shah and Neeraj Surana seeking bail in connection with an FIR for offences under Sections 20 (cannabis contravention), 21 (manufactured drugs and preparation contravention) and 25 (premises to be used for commission of offence) of NDPS Act..Senior Advocate Aabad Ponda with Advocate Kushal Mor appearing for the applicants requested the Court to adopt a reformative approach as the two had no criminal antecedents.“This is a case where the Applicants, young in age, could be lured by the temptation and their curiosity about the prohibited substance has landed them in trouble,” Ponda stated.He submitted that after being incarcerated in jail for 2 months since their arrest, they have learnt the lesson of their life and any further incarceration in the company of hardcore criminals will have a deleterious effect on their future prospects..Justice Bharati Dangre commented on the harrowing reality of the present times where the youth believed in “a cheerful present, limiting to ‘NOW OR NEVER’ without thinking of consequences to follow”.Justice Dangre also noted how the adolescent and youth were at a phase where making irrational and impulsive decisions may be favoured by some leading to an increasing tendency of addiction to drugs, alcohol, etc..“The challenge of today mainly focuses on the issue of drug addiction in youth and how to tackle it. Experimentation with alcohol and drugs is common. Unfortunately, the youths do not foresee the link between their action today and its consequences tomorrow,” Justice Dangre highlighted.She observed that it was pertinent to find out the root of the problem so as to try and eradicate this rising addiction..The offence was registered after a surprise raid was conducted at a private bungalow located at Igatpuri, Nashik and the accused persons were found to be in possession of cocaine, ganja and charas..Ponda submitted that there was no compliance with the mandatory statutory provisions of the NDPS Act.He argued that the substance recovered from Shah was not even in commercial quantity, that he was only a consumer. As regards Surana, Ponda submitted that the only allegation against him was of organising the party and no recovery was made from him..Opposing such application, the prosecution pleaded that there was sufficient material collected during the investigation which clearly showed their participation.They also contended that Shah had purchased the contraband from a Nigerian citizen (who is also under arrest) and hence he was not only guilty of consumption but also seemed to have connection with the drug mafia..Justice Dangre held that the Applicants did not have any antecedents of being involved in consumption or use of drugs and psychotropic substance.Considering their young age, the Court concluded that the applicants deserve one opportunity for reformation and granted them bail.The Court, however, warned the two accused that if they indulge in such activity in future, the law will not spare them..The Applicants were thus released on bail subject to a condition that their involvement in drugs in any manner in future would entail cancellation of the bail.They were directed to furnish bail bond of Rs.50,000 each with one or two sureties of the like amount..[Read order]