BANGALORE: No consideration should be shown to people dealing in narcotic drugs, the Karnataka high court said while rejecting the bail plea of a foreign national caught for possession of hashish.
Even a procedural mistake on the part of the authorities will not help those involved in crimes like drug trafficking and peddling to get away, and they are not entitled to bail.
The court went as far as saying that those dealing in narcotics are worse than murder accused. "In a murder case, the accused commits murder of one or two persons, while those dealing in narcotic drugs are instrumental in causing death to a number of innocent young victims who are vulnerable. It has a deadly impact on society, and if they are released on bail, in all probability, they would continue their nefarious activities of trafficking and dealing in intoxicants clandestinely," Justice A S Pachchapure observed.
Johann Tuchler, an Austrian national and a resident of Phnom Penh, Cambodia, who had sought bail, was found in possession of 14.51 kilograms of hashish concealed at the bottom of his bag.
The judge, however, directed the 33rd city civil and sessions judge of Bangalore, who is also special judge for narcotic drugs and psychotropic substances (NDPS) matters, to expedite the trial which has been pending for one and a half years.
The petitioner had contended that though he was arrested on November 1, 2009, he was produced before a magistrate only on November 3 at about 4.25 pm, well beyond the 24 hours stipulated in the Criminal Procedure Code.
However, the authorities contended that there was a bonafide mistake on their part and they had produced the petitioner before the NDPS court first and then before the Devanahalli court, the jurisdictional court as per the directions of the special court. The high court was of the view that though there was mistake, production of the petitioner before the magistrate was within 24 hours of arrest.
The Customs, Air Intelligence Unit (Bangalore) received credible information that three persons, including the petitioner, who are drug carriers would travel from New Delhi to Bangalore and proceed to the United Kingdom with three suitcases containing hashish worth 50 kilograms each. On November 1, 2009, at about 4pm, the authorities intercepted the petitioner. Though nothing was found in the bag, they secured a luggage receipt and found one bag already shifted for loading in the plane. On securing the bag they searched it and found the banned narcotic drug at the bottom.
May 15, 2011,
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