Pubdate: Sun, 15 May 2011
Source: Times of India, The (India)
Copyright: Bennett, Coleman & Co. Ltd. 2011
Contact:  http://timesofindia.indiatimes.com/
Details: http://www.mapinc.org/media/453

DRUG-TRAFFICKING WORSE THAN MURDER: HC

BANGALORE: No consideration should be shown to people dealing in
narcotic drugs, the Karnataka high court said while rejecting the bail
plea of a foreign national caught for possession of hashish.

Even a procedural mistake on the part of the authorities will not help
those involved in crimes like drug trafficking and peddling to get
away, and they are not entitled to bail.

The court went as far as saying that those dealing in narcotics are
worse than murder accused. "In a murder case, the accused commits
murder of one or two persons, while those dealing in narcotic drugs
are instrumental in causing death to a number of innocent young
victims who are vulnerable. It has a deadly impact on society, and if
they are released on bail, in all probability, they would continue
their nefarious activities of trafficking and dealing in intoxicants
clandestinely," Justice A S Pachchapure observed.

Johann Tuchler, an Austrian national and a resident of Phnom Penh,
Cambodia, who had sought bail, was found in possession of 14.51
kilograms of hashish concealed at the bottom of his bag.

The judge, however, directed the 33rd city civil and sessions judge of
Bangalore, who is also special judge for narcotic drugs and
psychotropic substances (NDPS) matters, to expedite the trial which
has been pending for one and a half years.

The petitioner had contended that though he was arrested on November
1, 2009, he was produced before a magistrate only on November 3 at
about 4.25 pm, well beyond the 24 hours stipulated in the Criminal
Procedure Code.

However, the authorities contended that there was a bonafide mistake
on their part and they had produced the petitioner before the NDPS
court first and then before the Devanahalli court, the jurisdictional
court as per the directions of the special court. The high court was
of the view that though there was mistake, production of the
petitioner before the magistrate was within 24 hours of arrest.

The Customs, Air Intelligence Unit (Bangalore) received credible
information that three persons, including the petitioner, who are drug
carriers would travel from New Delhi to Bangalore and proceed to the
United Kingdom with three suitcases containing hashish worth 50
kilograms each. On November 1, 2009, at about 4pm, the authorities
intercepted the petitioner. Though nothing was found in the bag, they
secured a luggage receipt and found one bag already shifted for
loading in the plane. On securing the bag they searched it and found
the banned narcotic drug at the bottom. 
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