Appearing for the NCB, Additional Solicitor General Anil Singh told the court that it will have to keep in mind the backdrop under which the NDPS Act is made with respect to the social condition and the legislative intent.
“This is sort of a crime, as interpreted by the Supreme Court, which is worse than murder or culpable homicide. Murder affects one person or a family. However, this (drug cases) affects the entire society,” he said.
“We are seeing the trend going on in the country, (among) the college youngsters. This is a crime, where it should be made non-bailable. Therefore, the legislature has said that the offence will be cognizable and have not made it bailable,” he added.
Singh said the bail provisions for NDPS Act have been made more stringent considering the kind of offences which are “destroying structure of the society”. He also said that as far as offences under NDPS Act is concerned, the provisions of Criminal Procedure Code (CrPC) will not apply
NCB submitted that Rhea, being aware of the fact that Rajput was engaged in consumption, had harboured and concealed him. “This would tantamount to harbouring. Rhea also allowed her residence for drug storage and consumption by Rajput,” the NCB said
Section 27A deals with ‘financing illicit traffic and harbouring offenders’, and attracts a punishment in the range of ten to twenty years of rigorous imprisonment.
In response to NCB lawyer justice kotwal said " so a person who actually purchases gets lesser punishment (under Sec 8(c)) and a person who pays money gets higher punishment (under Sec 27A). What logic is that?"
"Somebody lends you money for purchasing drugs for you. And the one who advanced the loan gets 10 years and the one who purchased gets only one year"!
Do they realize what this makes Sushant look like? Will Sushant face the same music as other 'druggies' posthumously?
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