A Mumbai court recently denied bail to a man accused of possessing a commercial quantity of drugs, stating that such offences serve as a trigger for the younger generation to be spoiled (Kerry Mendes v. Union of India).
According to the Special Court established under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, drug traffickers have developed “innovative methods” and ways to transport narcotic drugs around the world, “completely destroying the lives of many people and endangering the safety and security of future generations.”
“Drug traffickers distribute narcotic drugs among the younger generations with little regard for their health and lives, and only for their own benefit,” the Court stated. “This is the root cause of many evils perpetrated by persons under the influence of the said drugs.”
The Court also addressed the role of narcotics in the lives of today’s youth.
Despite strict restrictions and penalties, the young are increasingly involved in the trafficking of such narcotics.
“The impact of narcotics in the lives of today’s generation is of such extent and enormity that governments all over the world have enacted stringent measures to combat the trafficking of such substances, with severe penalties in place for any violation,” the directive added.
Kerry Mendes, an alleged drug peddler, was arrested for his role in a conspiracy to procure, possess, transport, sell, or buy contraband outlawed by the Narcotic Drugs and Psychotropic Substances Act, and the Court was hearing his case.
Three other people were detained with Mendes after they were accused of dealing with LSD blots (drug drops on paper) and were charged with conspiracy as a group.
Mendes was requesting bail on the grounds that his circumstances had changed since the chargesheet had been filed against him.
His argument was that if the weight of the paper used to transport the contraband was excluded, the weight of the contraband was reportedly small.
The special judge stated that LSD was carried in the form of a droplet on the paper and, once absorbed, it became one with the paper fibres, citing Section 2 of the NDPS Act. In any event, the carrier agent swallowed it in its entirety.
The Court also looked at a document submitted by NCB that demonstrated Mendes’ ties to the other defendants, as well as their declarations under Section 67 of the NDPS and their WhatsApp conversations.
The age of the accused for enlargement on bail was his secondary point of contention.
The Court, on the other hand, stated that where the accused’s involvement is obvious from the record for major crimes, the age of the accused is irrelevant and once they are released, “they would resume their previous actions of spoiling other young boys.”
