Excelsior Correspondent
Srinagar, July 10: High Court today rejected the bail application of drug peddler and granted him liberty to approach the Trial Court.
It is on search by police patrol party charas weighing 1140 gms was recovered from accused Ghulam Qadir Malik of Tahab Pulwam and one Gowhar Ahmad Malik and during the preliminary investigation of the case, it came to the fore that both the accused had obtained the charas through illegal means for sale on higher prices to the customers and, therefore, offences under Section 8/20 NDPS Act, were found to have been committed by them. Accordingly, a case bearing FIR No. 33/2018 was registered against them at Police Station Sopore.
Court of Justice M K Hanjura after perusal of Section 37 of NDPS Act, said, it is evident that no person can be enlarged on bail, if he is found to be in the possession of a commercial quantity of narcotics unless the Court comes to the conclusion that the accused is not guilty of such an offence.
“In view of the preceding analysis, the application of the applicant is rejected. He shall be at liberty to move an application for the grant of bail in his favour before the trial Court which shall be decided on its merits”, Court concluded.
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