Decided on July 20,1993

Rashid Bhat Alias Rashida Appellant
STATE OF JANDK Respondents


- (1.)BY virtue of the powers which a single bench of the High Court of Jammu and Kashmir enjoys as per sub -clause 9(b) of Rule 14 of the High Court Rules, 1975, the sentence awarded in the case under appeal is for a term not exceeding ten years, as such, under the relevant provisions, an appeal in a case for which sentence of imprisonment for a term of ten years has been passed, is to be heard and disposed of by a Single Bench of this court. Hence this appeal has been heard and is being disposed of by this Bench.
(2.)THE appeal is against the sentence and conviction passed under special Act which came to be known as Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act of 1985) passed by learned 2nd Additional Sessions Judge, Jammu on 23 -2 -1988
(3.)IT may be noted that the Act of 1985 has been specially enacted in order to do away with the menace of the drugs of addiction like Bhang, Charas, Ganja, Opium, LSD, Heroin, Cocain or such other drugs of addiction which of late have drawn the attention of all the civilized people of the World for the mis -use and abuse of there and other like such drugs and in difference to the International conventions on Narcotic Drugs and Psychotropic Substances and for matters connected there with. In this dynamic world, India could not and should not have laged behind in reacting to the changes which were taking place in the world regarding the condemnation and curbing of the drug abuse, which has and was eating into the nerves of the civilization of the present day world.
The law on smuggling, whether gold or heroin was almost the same. A kilo of gold smuggled would no doubt make the smuggler rich and deprive the government/State of the revenue, but the smuggling of heroin of any other dangerous drug would not only mean loss of revenue, but it involved the life of thousands of innocents of the State/Country. In this back ground, and other socio -economic/cultural and ethical and moral considerations, Government has taken a bold and timely step in coming down with a legislation for curbing the mis -use and abuse of till sorts of man made drugs. The legislature which came to be known as the Narcotic Drugs and Psychotropic Substances Act. 1985, was, passed by the Parliament in the year 1985 and has been extended to this part of the country also.

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