Consider reformation when drugs case accused are young: Bombay HC
Tags: Amit Desai and Satish Maneshinde, aryankhan, famousactorson, Mumbai
MUMBAI: Noting that reformation is to be considered when accused are young and have no antecedents in any drug offences, the Bombay high court recently granted bail to a duo arrested in June following a raid by police on a private bungalow at Igatpuri.
The Narcotic Drug and Psychotropic Substances Act (NDPS) imposes deterrent sentences on those who traffic in significant quantities and addicts, said Justice Bharati Dangre, but added that youngsters arrested first time “deserve one opportunity by restoring their freedom.”
Aryan Khan’s lead counsel Amit Desai and Satish Maneshinde cited this judgment to make a plea for the reformation approach before the special NDPS judge for his bail.
The men in the Igatpuri case, aged 27 and 34, represented by senior counsel Aabad Ponda, advocates Kushal Mor, Rishi Bhuta and Anurag Garg, raised several grounds, including how the accused were not apprised of their right to be searched in the presence of a magistrate. Seeking bail, the 27-year-old said cocaine found in a bag was only for consumption, as he is “purely an end user.” It is non-commercial and hence rigours on granting bail are not attracted, his lawyers argued.
From the party organizer, the second bail seeker, there was no seizure on his personal search. The lawyers said all contraband was for personal consumption, none for sale or distribution. Ponda pleaded for HC to adopt a reformative approach towards youngsters who could be lured by temptation and curiosity about the prohibited substance, landing them in trouble.
Justice Dangre said the challenge today 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. It is crucial to uncover the root of youths and young adults, which necessarily would involve posing questions, understanding the problems at hand and having an insight into if and how badly this problem would be eradicated and its progress stalled,” she reasoned in her order, adding, “It is indeed a harrowing reality.”
The duo were arrested on June 27. The special trial court had
denied them bail. The HC granted them bail on August 24, after nearly two
months of incarceration. The HC also said the Section 50 requirement of informing
suspects of their right was not complied
Aryan Khan’s lead counsel Amit Desai and Satish Maneshinde cited this judgment to make a plea for the reformation approach before the special NDPS judge for his bail.
The men in the Igatpuri case, aged 27 and 34, represented by senior counsel Aabad Ponda, advocates Kushal Mor, Rishi Bhuta and Anurag Garg, raised several grounds, including how the accused were not apprised of their right to be searched in the presence of a magistrate. Seeking bail, the 27-year-old said cocaine found in a bag was only for consumption, as he is “purely an end user.” It is non-commercial and hence rigours on granting bail are not attracted, his lawyers argued.
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