Excelsior Correspondent
JAMMU, Sept 7: The Court of Principal Sessions (Special Judge) here today dismissed the bail application of an accused advocate facing charge of offence under Section 8/15/29 of NDPS Act.
After listening to the arguments of both sides, the Judge stated that having regard to the mandate of the Act especially Section 37, the court has to adopt a negative approach in matter of grant of bail in relation to the possession of commercial quantity of contraband and here the petitioner is an advocate by profession against whom the allegations are of serious nature.
Quoting proposition of Supreme Court, Principal Sessions Judge Jammu, Sanjay Parihar stated that drug abuse is a social malady. While drug addiction eats into the vitals of the society, drug trafficking not only eats into the vitals of the economy of a country, but illicit money generated by drug trafficking is often used for illicit activities including encouragement of terrorism. There is no doubt that drug trafficking, trading and its use has acquired the dimensions of an epidemic and has the effect of producing a sick society and harmful culture.
As per the case, Anti-Narcotics Task Force (ANTF) Gandhi Nagar, Jammu had intercepted a truck bearing Registration Number JK02BE/5135 on March 23, 2022 while it was coming from Kashmir valley and recovered 97 kg 900 gm poppy straw from it.
The truck was driven by Anwar Hussain Shah with co-driver Mohd. Iqbal and during questioning they both disclosed that the consignment was to be delivered to one Bachiter Singh son of Daleep Singh resident of village Jandi, Nawanshahr, Punjab.
The driver and co-driver had disclosed that they were in regular contact with Singh as well as with the accused Umar Nazir over mobile phone.
During questioning Bachiter Singh was arrested on April 27, 2022 and he claimed that earlier too he was arrested by Anantnag Police Station cops in FIR No. 332/2021 in a case under section 8/15 NDPS Act and during that period he came in contact with Umar Nazir in district court Anantnag who stated that he was a lawyer and can bail him out on charging Rs. 30,000 as fee. Singh did so and was bailed out and remained in contact with Nazir over phone.
Singh told Nazir about high demand of poppy Straw in Punjab as it is sold @ Rs. 7000/kg in Punjab and Nazir assured him to provide poppy Straw @ Rs. 3000/kg and also arrange transportation of the consignment upto Punjab.
The court further maintained that the matter is still under investigation as the areas wherefrom the consignment has originated is being unearthed.
It stated that though the accused/petitioner is stated to be in judicial custody but given the nature of evidence collected so far it cannot be assumed at this stage that the material collected against him is insufficient to establish the offence against him.
It said that in the light of discussion so far, any concession of bail to the petitioner at this stage shall not be taken in good taste for the society and, the faith that a common man has got in this precious institution shall be ruined.
The Judge said that he was of the considerate view that the petitioner has failed to carve out a strong prima-facie case for grant of bail and dismissed his bail plea.
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