Excelsior Correspondent
SRINAGAR, Sept 1: The High Court today observed that the interim bail granted to accused in heinous offence of drug trafficking by the trial court is not only in complete violation of mandate of NDPS Act but also without having any regard to the law governing the subject laid down by Apex Court of the country and said the importance of NDPS Act is required to be adhered and followed by all concerned in its letter and spirit.
Justice Ali Mohammad Magrey dismissed the Criminal Revision filed by the accused challenging his cancellation of bail which was granted to him by the court of Principal Sessions Judge Bandipora earlier. Accused Khurshid Ahmad Wani approached the Court through Criminal Revision against the order dated 25.7.2020 passed by the court of Principal Sessions Judge Bandipora whereby interim bail granted to accused on June 30 stands cancelled on the ground that the accused has violated the conditions laid in the interim bail.
Justice Magrey on granting interim bail to accused said the trial court by granting the interim bail cannot withstand the test of law governing the subject and therefore, as necessary corollary thereto, there is no question of setting aside the subsequent order dated 25.7.2020 passed by the trial court, whereby the interim bail granted in favour of petitioner-accused has been cancelled.
Justice Magrey dismissed the Revision and directed the trial court to proceed ahead with the trial of the case and take the same to its logical conclusion expeditiously in accordance with the law governing the field.
Before parting with the file, court recorded that the menace of ‘Drug Addiction’ is a complex illness with far reaching consequences for those who know, work with and support the drug addicted individuals. Court said the cost of drug abuse is enormous and multifaceted which poses severe threat to very social fabric of the society and thus the menace to be dealt with a strict ‘Hard on Crime’ attitude.
“….The Apex Court has been repeatedly reminding and advising the court that taking a liberal approach is uncalled for while exercising the power to grant bail in cases falling under the NDPS Act”, Justice Magrey added in the judgment.
Referring the importance of NDPS Act, Justice Magrey said, it is a special legislation enacted by the Parliament aimed to curb the menace of drug abuse, therefore, required to be adhered and followed by all concerned in its letter and spirit.
On giving the interim bail to accused by the trial court, Justice Magrey reiterated that the courts while dealing with these matters, are required to have due regard to the harmful socio-economic consequences as well as the health hazards which accompany this menace of trafficking illegally in dangerous drugs and ensure implementation of the law in the same spirit which has been enacted by the Parliament.
The first condition is that the prosecution must be given an opportunity to oppose the bail application and the second is that the court concerned must be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence. “If either of these two conditions is not satisfied, the ban for granting bail operates”, Justice Magrey added.
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