Union of India v. Namdeo Ashruba Nakade - NDPS Act - Bail- Drug Abuse

NDPS Act 1985 - Section 37 - Allowing appeal against HC order that granted bail to an accused, SC observed: Prima facie this Court is of the opinion that the Respondent-accused is involved in drug trafficking in an organized manner. Consequently, no case for dispensing with mandatory requirement of Section 37 of the NDPS Act is made out- As the accused has been charged with offences punishable with ten to twenty years rigorous imprisonment, it cannot be said that he has been incarcerated for an unreasonably long time - Accused’s contention that his brother who is a Sepoy in the Indian army has given an undertaking to ensure accused’s compliance with the bail conditions is of no relevance because if the accused were to abscond, his brother cannot be sent to prison. In India, the alleged sins of an accused cannot be visited on his brother or other family members. (Para 11-14)

Drug Abuse - In India, there has been a concerning increase in drug abuse among the youth. Substance abuse not only affects individuals, families, and communities but also undermines various aspects of health including physical, social, political, cultural foundations, and mental well-being- According to many news reports, India faces a clear dilemma between tackling the narcotics crisis systematically or sacrificing its most valuable resource i.e. its young people.(Para 9-10)