Excelsior Correspondent
SRINAGAR, Jan 8: High Court has denied bail to a person involved in drug trafficking on the ground that the recovered contraband from the accused falls within the category of commercial category.
Justice Rajnesh Oswal said the bail application of Khurshid Ahmad Wani is without merit and dismissed it and directed the Superintendent of concerned jail to provide appropriate medical treatment to the applicant-Wani as it was stated before the court that the applicant has developed health problem and continuous detention would further worsen his health condition.
The accused-Wani has been booked under FIR last year in the month of January for commission of offences under section 8, 22, and 29 of Narcotic Drug Psychotropic Substance Act with the police station Sumbal in district Bandipora.
The court was informed by the prosecution counsel about the quantity of contraband substance recovered from the accused on which the court said, the same falls within commercial category and rigors of Section 37 of NDPS Act shall apply in the instant case.
Court as such at this stage said that it cannot form an opinion that there are no reasonable grounds that the accused-Wani is not guilty of offence as mentioned in the FIR.
Court on denial of recovery of any contraband by the applicant said it cannot be considered at this stage particularly when the charges for commission of offence under NDPS Act have been framed against him
The last contention of the accused was that other two accused person involved in the offence have been granted bail by a coordinate bench of the court and the applicant is also entitled for the same on the ground of parity.
Court on this said that it is not tenable because in that case contraband recovered from their possession were 7 bottles of Svizcodin and in that case the bail was granted by the court only because the quantity was less than the commercial quantity and rigors of Section 37 of NDPS Act were not applicable.
“The judgments relied upon by the counsel for the applicant are not applicable in the facts and circumstances of the present case. In view of all what has been discussed, this bail application is without merit and is, accordingly dismissed”, Justice Oswal concluded.
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