Excelsior Correspondent
SRINAGAR, Aug 10: High Court today refused to grant anticipatory bail to an accused involved in drug trafficking by observing that the Court would not come to the rescue of a person and grant him bail in anticipation of his arrest if he is dodging the investigating agency.
Justice Sanjay Dhar refused to give anticipatory bail to 10 persons involved in drug trafficking. The petitioners-accused had sought bail in anticipation of their arrest in FIR No.231/2021 for offences under Section 8/15, 25 of NDPS Act registered with the Police Station, Anantnag.
According to the prosecution before the court, the petitioners-accused are avoiding their arrest and they are not cooperating with the investigating agency. “…the Court would not come to the rescue of a person and grant him bail in anticipation of his arrest if the said person is dodging the investigating agency”, Justice Dhar recorded and dismissed the bail application of all the accused.
Justice Dhar after having regard to the fact that there is enough material on record to connect the petitioners-accused with the alleged crime coupled with the fact that they are involved in a very heinous crime.
Court also added that they are not cooperating with the investigating agency; they do not deserve the concession of anticipatory bail from this Court.
“It provides that anybody producing the Poppy Straw in contravention of the provisions of the said Act or in contravention of the conditions of the license granted under the said Act is punishable depending upon the quantity of the Poppy Straw”, reads the judgment.
In the instant case, the petitioners-accused do not claim that they have cultivated the Poppy Straw under any permission or license from the competent authority. Their only contention is that the plants of Poppy Straw have grown on their own lands of their own.
Court said this question is a subject matter of investigation but the material collected by the investigating agency does prima facie suggest that they have grown plants of Poppy Straw on their respective lands. Therefore, there is prima facie material on record to connect the petitioners with the alleged crime.
A perusal of the Case Diary reveals that the investigating agency has been unable to apprehend the petitioners even though the FIR in the case has been registered more than one year back. They had sought bail in anticipation of their arrest on the ground that they are not involved in the alleged offences and that they have been falsely implicated on the basis of some enmity with the complainant.
It is submitted by them that in case they are admitted to bail, they would cooperate with the investigating agency and would abide by all the conditions that may be imposed by this Court.
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