Drug Offences Have Cascading Effect On Youth: Gujarat HC Denies Bail To 'Main Manufacturer' Of Mephedrone
Petitioner was charged under the NDPS Act for being the "main manufacturer" of Mephedrone, a controlled substance found in commercial quantity.
The Gujarat High Court considering the severity of the offence and its impact on society, particularly on the youth has denied regular bail to petitioner who was charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for being the "main manufacturer" of Mephedrone, a controlled substance found in commercial quantity.
A Bench of Justice Divyesh A. Joshi held, "As per the materials available on record, the applicant accused is the main manufacturer of the Mephedrone drugs, who was manufacturing the contraband drugs and then supplying it in the market through different persons. All requisite procedures had also been followed as per the law and, thereafter, the accused persons came to be arrested. At the time of granting bail, the court has to consider the role played by the applicant-accused in the commission of the offence as well as gravity of offence and in the present case, considering the role played by the applicant in the offence, as the act of the applicant would effect to the youth of the nation, I am of the opinion that the present application is required to be rejected".
Advocate Kishan H Daiya appeared for the Applicant and Advocate Soham Joshi appeared for the Respondent.
The Court noted that Mephedrone, weighing 1011.82 grams, was found in commercial quantity, which triggered the application of Section 37 of the NDPS Act. This section sets strict conditions for granting bail in cases involving commercial quantities of narcotics, requiring the court to be satisfied that the accused is not guilty and is unlikely to commit similar offences in the future.
The Court pointed out, "In the instant case, the case of the applicant and his role in the entire sequence of events is not as simple as has been projected during the entire course of arguments by learned counsel for the applicant. He is not merely arrested for the small quantity of contraband but has been implicated for his role as being a part of a larger drug trafficking".
The Court underscored, “Thus, what is evident from the above is that the offences prescribed under the Act are not only a menace to a particular individual but to the entire society especially, the youth of the country. Such offences have a cascading effect and are in vogue these days, thus destroying the capabilities and lives of a substantial chunk of the population and trend has been growing over the years. Thus, to prevent the devastating impact on the people of the nation, Parliament in its wisdom deemed it fit to introduce stringent conditions for grant of bail under the Act. The Court must stay mindful of the legislative intent and mandate of the Act while considering the question bail in such matters”
In rejecting the bail application, the Court found that the conditions stipulated under Section 37 of the NDPS Act were not met. There were no reasonable grounds to believe that the applicant was not guilty of the offence, and the Court ruled that his release could further jeopardize efforts to combat the drug trade.
The Court dismissed the bail application, emphasizing the gravity of the offence and its societal consequences.
Cause Title: Pragnesh Pravinbhai Thummar v. State of Gujarat, [2025:GUJHC:7421]
