Excelsior Correspondent
Srinagar, Oct 16: High Court today dismissed the bail applications of Special Police Officers (SPOs) in drug trafficking and concluded that the accused are not entitled to bail.
Justice Rajnesh Oswal said to prevent the turning of ‘Crown of India and heaven on earth’ to a ‘drug heaven’, strict adherence to the provisions contained in Section 37 NDPS Act, is a need of hour, when the number of drug trafficking cases are increasing day by day.
The court said that while considering a bail application cannot critically examine the statement of a witness recorded during the course of investigation as it is not a case where the applicants have been roped in as accused, only on the basis of statement of co-accused but there is their direct involvement in the selling and distributing of drugs.
The circumstantial evidence in the form of Call Details Reports (CDRs) and Bank Details, further corroborates the direct evidence against the applicants-Sajjad Ahmad Bhat, Haroon Rashid and other accomplice Ishfaq Ahmad Khan in the form of the statement of prosecution.
“At this stage, when they have been charged for the commission of offence, it cannot be stated that there are reasonable grounds for believing that they are not guilty of such offence for which they have been charged. This Court is of the considered view that the petitioners are not entitled to bail at this stage. Both the applications are accordingly dismissed”, court said while passing a common judgment against all three accused.
These bail applications were arising out of FIR No. 283/2022 for commission of offences under various Sections of NDPS Act registered with Police Station, Kupwara. All the three applicant-accused had been working as Special Police Officers in Police. They had earlier filed bail applications, however, the same were dismissed by the Court of Additional Sessions Judge (PO FTC), Kupwara, by virtue of common order dated 18.03.2023 and now approached this Court for grant of bail on identical grounds.
Court said there is no doubt that no recovery has been effected from the applicants but they have been arrayed as accused by the IO by having recourse to Section 29 of the NDPS Act which provides that whoever abets or is a party to a criminal conspiracy to commit an offence punishable under NDPS Act, whether such offence is committed or not committed in consequence of such abetment or in pursuance of such criminal conspiracy, shall be punishable with the punishment provided for the offence.
Before parting with the judgment, Justice Oswal while referring observations of apex court on drug menace observed that it should be borne in mind that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instrumental in causing death or in inflicting death-blow to a number of innocent young victims, who are vulnerable.
Court further added that the drug peddlers cause deleterious effects and a deadly impact on the society and are a hazard to the society; even if they are released temporarily, in all probability, they would continue their nefarious activities of trafficking and/or dealing in intoxicants clandestinely. Reasons may be large stakes and illegal profit involved.
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