PARAMJEET SINGH, J. - (1.) THE instant petition is under Section 439 of the Code of Criminal Procedure for grant of concession of bail to the petitioner in FIR No. 61 dated 27.05.2012, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), registered at Police Station City Kotkapura, District Faridkot.
(2.) AS per the FIR, recovery effected from the petitioner is 15 packets of tablets of microlit containing 100 tablets each. The said tablets contain diphenoxylate hydrochloride which finds mentioned at serial No.44 of the notification dated 27.09.2001, according to which tablets containing diphenoxylate more than 50 grams, fall in the commercial quantity. Recovery effected from the petitioner, prima facie appears to be commercial quantity. Learned counsel for the petitioner states that petitioner is a petty drug addict and not a drug peddler or smuggler. At this stage, keeping in view the gravity of offence, this Court is not inclined to grant bail to the petitioner. Hence, declined.
(3.) HOWEVER , keeping in view the statement of the learned counsel for the petitioner that petitioner is a petty addict and also that the quantity of tablets is not a large quantity, the petitioner appears to be a drug addict and is not a drug peddler or smuggler, this Court deems it fit that the petitioner and such persons need to be treated, rehabilitated and re-integrated into society. So, action is required to be taken under Sections 4, 7, 7A and 7B of the NDPS Act read with Article 47 of the Constitution of India. Relevant provisions are as under:- NDPS ACT "Chapter II Authorities and Officers 4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc. (1) Subject to the provisions of the Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), the measures which the Central Government may take under the sub-section include measures with respect to all or any of the following matters, namely:- (a) coordination of actions by various officers, State Governments and other authorities - (i) under this Act, or (ii) under any other law for the time being in force in connection with the enforcement of the provisions of this Act; (b) obligations under the International Conventions; (c) assistance to the concerned authorities in foreign countries and concerned international organizations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances; (d) identification, treatment, education, after care, rehabilitation and social re-integration of addicts; (e) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or a hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers and take such measures." "7. Officers of State Government - (1) The State government may appoint such officers with such designations as it thinks fit for the purposes of this Act. (2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the State Government, or, if so directed by that Government also of any other authority or officer. Chapter IIA National Fund for Control of Drug Abuse 7A. National fund for Control of Drug Abuse - (1) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the Nation Fund for Control of Drug Abuse (hereafter in this Chapter referred to as the Fund) and there shall be credited thereto- (a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide; (b) the sale proceeds of any property forfeited under Chapter VA; (c) any grants that may be made by any person or institution; (d) any income from investment of the amounts credited to the Fund under the aforesaid provisions. (2) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for- (a) combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances; (b) controlling the abuse of narcotic drugs, psychotropic substances; (c) identifying, treating, rehabilitating addicts; (d) preventing drug abuse; (e) educating public against drug abuse; (f) supplying drugs to addicts where such supply is a medical necessity. (3) The Central Government may constitute a Governing Body as it thinks fit to advise that Government and to sanction money out of the said Fund subject to the limit notified by the Central Government in the official Gazette. (4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Government) and such other members not exceeding six as the Central Government may appoint. (5) The Governing Body shall have the power to regulate its own procedure. 7B. Annual report of activities financed under the fund. - The Central Government shall, as soon as may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under section 7A during the financial year, together with a statement of accounts." Constitution of India - Article 47 of the Constitution reads as under:- "47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health. - The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medical purposes of intoxicating drinks and of drugs which are injurious to health." ;