Excelsior Correspondent
Srinagar, Dec 26: High Court dismissed the bail application of three accused involved in drug trafficking with the liberty to approach the trial court and directed the trial court to deal with grant of bail on the basis of material.
Justice Sanjay Dhar while dealing with two separate bail applications filed by accused Salman Chandial and Preeto Devi and Ajit Kumar for commission of offences under NDPS Act said, the applications without any merit.
Court, however, granted liberty to both the accused to approach the trial court with application for grant of bail on the basis of material that has been brought before the trial court during the trial of the case, which, as per the trial court record has progressed substantially.
In case of accused-Chandial from whom prosecution shows that 54 Kg of poppy straw was recovered, Justice Dhar said, the court would not like to comment on the question whether or not from the cross-examination of the prosecution witnesses, the defense has succeeded in showing that the actual quantity of drug recovered from accused falls in the category of immediate quantity lest or not.
Court said it may prejudice the case of the parties before the trial court as also it is not open for this court to meticulously analyze the material and evidence on record of the trial court for determining the question of quantity of contraband material.
“…Prima facie view that the recovered contraband would fall in the category of immediate quantity, there has to be some material before this Court, which is lacking in the instant case”, Court said adding “in the absence of any such material and having regard to the material on record, it appears that the quantity of recovered contraband fall in the category of Commercial Quantity and, as such, the rigor of section 37 of NDPS Act would apply to the instant case with full force”, Justice Dhar
In case of accused Preeto Devi and Ajit Kumar Police Station Khour on the information seized 13 packets of heroin and currency of more than Rs 13 lakhs. It is also established these accused had links with Pakistani smuggler Arif Choudhary and obtained heroin from him as such were involved in illegal sale and purchase of narcotic substances and contraband.
Court after hearing the parties in this case at length concluded that the court is unable to persuade itself to record a find that there are reasonable grounds for believing that accused are not guilty of offences with which they have been charged.
“…gravity of the offence in the case at hand is of alarming proportions as it is a case where both accused are alleged to be indulging in illicit trade of contraband including its financing, which has cross border contours”, Justice Dhar recorded in the judgment.
Court further added that in such kind of matters, Court while considering bail application of an accused is required to strictly adhere to the parameters under section 37 of NDPS Act. “In view of the aforesaid discussion, it is clear that the accused have been unable to make out case for grant of bail at this state. The application is, therefore, dismissed being without any merit”, court concluded.
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