Excelsior Correspondent
Srinagar, Dec 23: High Court dismissed the bail plea of an accused involved in drug trafficking and said the Investigating Agency has established offence under NDPS Act against the accused.
Justice Sanjay Dhar while dismissing the bail application of accused Mohammad Rafiq recorded that as per the investigation conducted by the Investigating Agency, offence under Section 27A NDPS Act stands established against the accused.
While referring the Section 37 of the Act, Court said it attracted to the case of the accused which provides that a person accused of offences mentioned therein, which include offence under Section 27A of NDPS Act, should not be released on the bail unless mandatory conditions provided in the said provision.
“In the instant case, there is no justifiable or reasonable ground for believing that the accused is not guilty of offence under Section 27A of NDPS Act. Therefore, the bar to grant of bail contained in Section 37 of the Act is fully attracted to the case of the petitioner-accused”, Justice Dhar said.
The accused was seeking bail in FIR 107/2020 of offences under Section NDPS Act registered with Police Station, Manjakote District Rajouri. The accused-Rafiq with other accused was nabbed by a police patrolling party and a bag was seized from the possession containing 4 grammes of heroin like substance and cash of Rs 5 lakhs and both were taken into custody.
The accused had approached the Sessions court of Rajouri for grant of bail but the said application came to be dismissed by the court below on July 16 2020. The prosecution resisted the instant bail before High Court and submitted that the accused is involved in commission of offence and rigor of Section 37 is attracted to the case.
Court on submission of counsel for the accused that contraband quantity is small as such the rigor of section 37 of the Act is not applicable to the case of the accused. “It is true that the quantity of contraband recovered falls in the category of small quantity but as per the prosecution case, the accused was carrying on illicit trade of narcotics in conspiracy with co-accused and both of them were indulging in financing of illicit trade of narcotics for this reason both were booked under section 287A and 29 of the NDPS Act as well”, Justice Dhar said.
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