RAMJI DUDA MAKWANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN 1985 the Indian Parliament promulgated the Narcotic Drugs and Psychotropic Substances act, a piece of legislation specifically aimed at combating offences relating to drugs. The Act provides for control and regulatory measures in and area which is fast attracting sensitive attention in our country. Drug addiction has become one of the curses in the dissolution of human personality, promoting conditions for various forms of human degradation, whose consequences spread to crime and lawlessness. One of its tragedies lies in its morbid assault on youth resulting, more often than not, in mental disorientation and emotional derangement, pushing the victim towards a fate from which there is seldom any hope of recovery. The evil is insidious and operates secretly, and it often comes to be known to others only after the addict has crossed the point of no return. The consequences are far-reaching, Because in attacking the younger generation of a country, it destroys the flower of a nation's future. History provides many examples of the wilful subversion of a nation's culture, its social values and its integrity by the systematic corruption of its young through smuggled drugs. The dangers following illicit traffic in narcotic drugs have been recognised worldwide, and so agitated is the conscience of the world community that they are now the subject of International Conventions.

(2.) IN India, as the intimate bonds of traditional family closeness tend to weaken with economic pressures and social changes, the need for an appropriate legal structure to control and regulate the use of narcotic drugs and psychotropic substances is a matter of national concern. A legal structure, however, is not enough. The law must be supplemented by attitudinal values and educational perspectives which help in strengthening our social binding.

(3.) UNIVERSALLY, the approach to drug trafficking has been one of ruthlessness, the psychology being that no leniency of any type will be shown while dealing with this class of offences. Several countries have prescribed death sentences, the quantity or circumstances regardless, and in India, the punishments provided for the offences are extremely heavy. Undoubtedly, several safety features had to be grafted on to the Act in addition to the general provisions of law and in the short period of time, human engenuity being what it is, technical defences are involved interpretations have been canvassed and the Courts have had to deal with all of these situations. In interpreting the Act, the soul and the spirit of the legislation has to be the predominant loadstar and towards achieving that end, the objections and legal gymnastics will have to be subserved if the legislation is to have the desired effect and not get reduced to a dead letter.