Excelsior Correspondent
SRINAGAR, Feb 13: High Court has upheld the order of trial court whereby bail has been rejected to a drug peddler and said there is no illegality or impropriety in the order passed by the trial court as such needs no interference.
Dismissing the revision petition filed by one Manzoor Ahmad Khawaja who had approached the High Court against the order of Principal Sessions Judge, Baramulla by virtue of which his bail application was rejected.
The order has been assailed by the petitioner on the ground that while considering the application for grant of bail it is only the quantity of narcotic drug or substance that is required to be considered and not the quantity of whole mixture.
It is also stated that the trial court has not considered other grounds of the bail that the wife of the accused was handicapped and he had three children, who cannot sustain themselves and there is no provision which bars the grant of bail at all, if the accused is found involved in the commission of offences under sections 8 and 22 of the Narcotics Drug Psychotropic Substance, 1985.
The petitioner was arrested on 17.04.2018 by the Police of Police Station, Pattan on the allegation that he was in possession of 50 bottles of Phenoreox 100 ml each. Thereafter, FIR bearing No. 81/2018 was registered against him for commission of offences under sections 8 and 22 of the Act. After the conclusion of the investigation, charge-sheet was filed before the court of law.
Court said the commercial quantity of the Codeine has been prescribed as 01 Kg and the total quantity of recovered contraband from the possession of the petitioner comes out to be 5000 ml Codeine Phosphate, which is equivalent to approximately 5 Kg of Codeine Phosphate that admittedly is much beyond the commercial quantity.
“As such, the trial court has rightly come to the conclusion that the quantity of the contraband recovered from the petitioner falls within the purview of commercial quantity. A perusal of the order reveals that the trial court has rightly considered all the aspects, those were raised by the petitioner in the bail application”, court concluded.
Follow our WhatsApp channel