Innovative methods employed by drug traffickers for transporting drugs destroying life of young: Mumbai Court

A Mumbai Court recently rejected the bail application of a man accused of possessing commercial quantity of drugs, observing that such offences acted as a catalyst to spoil the younger generation (Kerry Mendes v. Union of India).

The Special Court under the Narcotic Drugs and Psychotropic Substances (NDPS) Act stated that drug traffickers have found “innovative methods” and ways to transport narcotic drugs across the globe “which totally demolishes the life of very many persons and threatens the safety and security of our future generations”.

“Drug traffickers, with least regard to the health and life of the persons, and only with a view to their betterment, distribute the narcotic drugs among the younger generations, which is the root cause of many evils that are being perpetrated by the persons under the influence of the said drugs,” the Court opined.

The Court also commented on the impact of narcotics in the life of the present generation.

Despite stringent laws and penal actions, trafficking of such substances has only increased among the young.

“The impact of narcotics in the life of the present generation is of such a magnitude and enormity that the governments across the globe have brought stringent measures to deal with trafficking of such substances and stringent punishments are also envisaged for any infraction of the same,” the order stated.

The Court was dealing with an application of one Kerry Mendes, an alleged drug peddler, arrested for his involvement in conspiracy to procure, possess, transport, sale, purchase of contraband banned under the Narcotic Drugs and Psychotropic Substances Act.

Three more accused were arrested with Mendes after they were stated to have been involved in dealing with LSD blots (drops of drug on paper) and were collectively charged with conspiracy.

Mendes was seeking bail on the ground that since chargesheet had now been filed against him, there was a change in circumstance.

His contention was that the weight of the contraband was supposedly small, if the weight of the paper which was used for carrying the contraband was excluded.

Relying upon Section 2 of the NDPS Act, the special judge noted that LSD was transported in the form of a droplet on the paper and once absorbed, it became one with the paper fibres. In any case, it was consumed as a whole with the carrier agent.

The Court also relied upon a document provided by NCB which showed the connection of Mendes with the other accused, their statements under Section 67 of the NDPS and their WhatsApp chats.

His secondary contention was the age of accused for enlargement on bail.

The Court, however, said that the age of the accused is immaterial when the involvement is patent from the record for serious offences.

On the contrary, the Court also remarked that once they are released, then “they will again indulge in the same activities spoiling other young boys”.

Advocate SR Patil appeared for Mendes.

Special Public Prosecutor Advait Sethna appeared for NCB.

[Read order]