Srinagar- Underscoring that the fight against drug abuse outweighs individual liberties, a Srinagar court on Monday rejected the bail applications of two individuals accused of procuring large quantities of codeine phosphate-based syrup using fake licenses in 2022.

“The larger public interest in curbing the drug menace is paramount, as highlighted in surveys showing an alarming rise in substance abuse among youth such as 1.3 crore cannabis users and nearly 90% of pharmaceutical addiction cases,” observed Special Judge (NDPS cases) Srinagar Vinod Kumar while dismissing the bail pleas filed by Rameez Yousuf Dar of Nowgam and Owais Amin Bhat of Rawalpora, both residents of Srinagar.“This Court cannot grant liberty to an accused against whom there is a prima facie case, merely on personal grounds, when the gravity of the statute demands otherwise,” the judge ruled, emphasizing that while the court sympathizes with the family circumstances of the accused, humanitarian grounds cannot override statutory provisions, particularly in cases involving commercial quantities of narcotic drugs.

The court further stressed that the legislative intent behind Section 37 of the NDPS Act is clear: to effectively curb drug trafficking. This intent must be duly considered when deciding bail pleas in such cases.

“Considering the purpose behind the enactment of the NDPS Act to tackle the growing menace of drug peddling and illegal possession and its devastating impact on society, especially youth, as well as the rising crime rate, the nature and seriousness of the allegations, the character of the evidence, and circumstances specific to the accused, I am of the opinion that no valid ground has been made out for granting bail,” the court said.

According to the prosecution, on February 8, 2022, Police Station Batamaloo received credible information that a suspicious consignment had arrived at a transport company located at Tengpora Bypass. The consignment, addressed to“Sikander Pharma, Muslim Abad, NR Colony Bemina,” was suspected to contain a large quantity of contraband substances intended to drive youth into drug addiction.

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