The Himachal Pradesh High Court recently likened drug peddlers who operate on a small or intermediate scale to termites within society. The court emphasized the need for strict action against such individuals during bail hearings, advocating for a firm approach to tackle this pervasive issue.

In a decisive ruling, Justice Ranjan Sharma, a single judge, emphasized that individuals suspected or accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) do not inherently possess any entitlement or automatic eligibility for anticipatory or regular bail, solely based on the alleged involvement of a small or intermediate quantity of contraband.

"Such drug peddlers, who involved in small or intermediate quantity of contraband, are the termites in the society. It is high time that while considering the bail application of such bail petitioners, who resort to small quantity or intermediate quantity trafficking etc. needs, to be dealt with by iron hands," the Court.

The Court, therefore, rejected the anticipatory bail application of a drug peddler.

The judge noted that there are countless cases where such peddlers have been found to be habitual offenders, implicated in multiple instances under the NDPS Act and other statutes. This observation becomes a crucial factor in assessing claims for bail.

The court made it clear that the plea for bail based on the violation of personal liberty is disingenuous. It emphasized that an individual's liberty ends where it encroaches upon the liberty of another, including the welfare of society as a whole.

Furthermore, the Court expressed the opinion that granting bail to such individuals would effectively empower them and provide them with an advantage.

Justice Sharma further asserted that while the strict provisions of Section 37 of the NDPS Act might not be applicable in cases involving smaller or intermediate quantities of contraband, bail petitioners cannot exploit this exemption as a means to seek bail. This stance was highlighted particularly in a case where the petitioner was found in possession of 5.65 grams of Heroin/Chitta.

The Court stated that granting bail to such an individual would essentially endorse and enable further illicit activities. Additionally, it highlighted that the applicant in question was implicated in other criminal cases under the NDPS Act, underscoring the gravity of the situation.

The Court further elaborated that the hazardous nature of Heroin/Chitta, as recovered from the applicant, serves as a deterrent against exercising discretion in favor of granting bail to the petitioner.

With these observations, the court dismissed the anticipatory bail application.

Advocate Sanjeev Kumar Suri appeared for the applicant.

Additional Advocate General Jitender Sharma represented the State.