J&K High Court – File Pic
Srinagar: The J&K High Court on Tuesday underlined the need for strict ‘hard on crime’ attitude against the instances of drug abuse in Jammu and Kashmir even as it asked the courts below to have “due regard to the harmful socio-economic consequences” while dealing with such matters.
Dismissing a criminal revision by filed by an accused, Khurshid Ahmad Wani of Shilvath Sumbal against orders cancelling his bail by trial court, a bench of Justice Ali Mohammad Magrey said the Courts, while dealing with these matters, are required to have due regard to the harmful socio-economic consequences as well as the health hazards which accompany the menace of trafficking illegally in dangerous drugs.
“The NDPS Act is a special legislation enacted by the Parliament aimed at curbing the ever-increasing menace of ‘Drug Trafficking’ which, if not checked, has the potential of not only seriously destroying the public health, but also the health of the nation as a whole,” the court said.
“The legislative mandate, therefore, is required to be adhered and followed by all concerned in its letter and spirit,” the court said, adding, “It is to be borne in mind that in murder cases, the accused commit murder of one or two persons only, while those who are dealing in drugs are instrumental in causing death or inflicting death blow to a number of vulnerable innocent youths. Such persons are a hazard to the society and they, even if released temporarily, in all probability, are likely to continue their nefarious activities of trafficking and/ or dealing in intoxicants clandestinely.”
The bench said, in this backdrop, the Courts, while dealing with these matters, are required to have due regard to the harmful socio-economic consequences as well as the health hazards which accompany the menace of trafficking illegally in dangerous drugs and ensure implementation of the law in the same spirit with which it has been enacted by the Parliament.
“The menace of ‘Drug addiction’ is a complex illness with far reaching consequences for those who know, work with, and support the drug addicted individual(s),” the court said, adding, “Families suffer due to the cultural and social factors of drug behavior, including their own understanding of the disease process and the addict’s behavior due to drug abuse; draining of family resources; shrinking from responsibilities, sickness and dysfunctional relationships; distortion of interpersonal family relationships; violence and death faced as a consequence of drug abuse, etc.”
The cost of drug abuse, the court said, is enormous and multifaceted which poses severe threat to the very social fabric of the Society.
“The instances of drug abuse are required to be dealt with a strict ‘Hard on Crime’ attitude. Besides, the trafficking/ smuggling of drugs has flared sporadically in the recent years transcending geographical boundaries,” the court said, adding, “Realizing the danger of this menace, the Apex Court has been repeatedly reminding/ advising the Courts that taking a liberal approach is uncalled for while exercising the power to grant bail in cases falling under the NDPS Act.” (GNS)
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