Gujarat High Court Rejects Bail of Accused Citing Stringent NDPS Act Provisions
No Bail for Mephedrone Manufacturer: Gujarat HC Highlights Drug Trade’s Impact on Society
The Gujarat High Court has denied regular bail to an accused who was allegedly the “main manufacturer” of Mephedrone, a controlled substance found in commercial quantity.
The Court, while rejecting the bail application, emphasized the grave impact of drug-related offences on society, particularly the youth, and underscored the stringent conditions for bail under Section 37 of the NDPS Act.
A Bench of Justice Divyesh A. Joshi observed that the accused was not a mere carrier but had a central role in drug manufacturing and distribution.
The Court remarked that such offences have a devastating impact on society and cannot be taken lightly.
Court’s Observation: Drug Offences Affect the Youth of the Nation
The petitioner, Pragnesh Pravinbhai Thummar, was arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after being allegedly found involved in manufacturing and distributing Mephedrone in large quantities.
The contraband seized from the accused weighed 1011.82 grams, categorizing it as a commercial quantity, thereby attracting strict bail conditions under Section 37 of the NDPS Act.
Justice Joshi stated:
“The applicant is not merely caught with a small quantity of contraband but is a key player in a larger drug trafficking network. Considering the role played by the applicant, his actions directly impact the youth of this nation. Therefore, the bail application is required to be rejected.”
Strict NDPS Act Provisions Prevent Bail Grant
Under Section 37 of the NDPS Act, bail can only be granted if the court is satisfied that the accused is not guilty and is unlikely to commit similar offences in the future.
The Court, in this case, found no reasonable grounds to establish the accused’s innocence, nor any assurance that he would not engage in similar activities upon release.
The Court further stressed that:
“Drug-related offences are not just a threat to individuals but pose a significant risk to society as a whole, especially to the younger generation. The NDPS Act was designed with strict provisions to curb such activities, and courts must uphold its legislative intent.”
Rejection of Bail
Given the severity of the offence, the Gujarat High Court dismissed the bail application, highlighting the growing trend of drug abuse and trafficking in India.
The Court reiterated that the legislative intent behind the NDPS Act was to impose strict conditions on drug offenders, thereby protecting society from the destructive impact of narcotic substances.
Advocate Kishan H. Daiya appeared for the applicant, while Advocate Soham Joshi represented the State of Gujarat.
Case Details
- Case Title: Pragnesh Pravinbhai Thummar v. State of Gujarat
- Bench: Justice Divyesh A. Joshi
- Court: Gujarat High Court
- Date of Order: February 6, 2025
- Legal Provision Invoked: Section 37 of the NDPS Act