Excelsior Correspondent
Srinagar, Aug 13: High Court today asked the Advocate General to take note of orders of the court in cases of heinous offences like drug trafficking to ensure strength in furthering the cause of criminal justice system.
Hearing a plea filed by one Khurshid Ahamd Wani involved in drug trafficking seeking setting aside of order of trial court wherein his interim bail was cancelled, Justice Ali Mohammad Magrey expressed its serious concern over the drug trafficking and asked the AG to take note of orders of the court in such kind of offences to ensure strength in furthering the cause of criminal justice system.
Court directed for serving the notice upon AG. Justice Magrey said, the Court cannot allow the benefit of the order which prima facie is passed by abuse of process of law and directed the Superintendent of Police Banidpora to arrest the accused Wani and after arrest he be lodged in Central Jail Srinagar.
Wani has approached the High Court by way of filing of Criminal Revision against the order of Principal Sessions Judge, Bandipora, whereby the interim bail granted to accused has been cancelled by forfeiting the bail and surety bonds of the accused for having violated the terms and conditions laid down in interim bail order.
Accused Wani was seeking setting aside of the cancellation of bail order and extension of the interim bail as already granted in his favour by the trial Court. He was granted short term bail in FIR 3/2020 for committing the offences punishable in terms of sections 8/21, 22 of the Narcotic and Psychotropic Substances Act on the ground that his wife had to undergo a surgery.
“Prima facie it appears that the trial court has granted the interim bail in favour of the accused and later on withdrew the same and issued the non-bailable warrant of arrest against the accused”, Justice Magrey recorded.
Court further added that the bail granted in favour of the accused was not in tune with the principles of law rather the same has caused miscarriage of justice.
Court said, since the accused has failed to obtain regular bail as he could not come out of the bar envisaged under NDPS Act and in these circumstances it is felt urgent to take the revision to its logical conclusion to see as to whether the accused could be granted bail in an offences which is not only heinous but for which the legislation has put a complete bar as such posted the matter for hearing again on August 17.
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