Excelsior Correspondent
SRINAGAR, Mar 8: A court in Ganderbal rejected the bail applications of two accused allegedly involved in narcotics trafficking.
The order was passed by the Court of Additional Sessions Judge Ganderbal, Fozia Paul, while hearing bail applications filed by Kuldeep Singh and Mohammad Yaqoob Beigh in connection with FIR No. 49/2021 registered under Sections 8/15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
According to the prosecution, the Anti-Narcotics Task Force (ANTF) had received specific information in September 2021 that two trucks were transporting contraband poppy straw from Srinagar towards Sonamarg.
During investigation, the vehicles were intercepted and searched, leading to the recovery of approximately eight quintals of poppy straw concealed in specially fabricated compartments of the trucks. The drivers were arrested on the spot.
Subsequent investigation, the prosecution said, revealed links with other accused persons, including the present applicants.
Investigators relied on call detail records (CDRs) and witness statements to establish communication and an alleged conspiracy among the accused in transporting the contraband.
The prosecution also argued that the recovered narcotics fell within the category of commercial quantity under the NDPS Act, which places stringent restrictions on the grant of bail.
It further contended that the accused were part of an organised network involved in the transportation of narcotic substances.
During the hearing, the defence argued that no contraband had been recovered directly from the possession of the applicants and that the allegations against them were primarily based on telephonic contacts and circumstantial evidence.
The defence also sought bail on the grounds of prolonged custody and the absence of direct evidence linking the applicants to the seized contraband.
However, the court observed that the investigation had placed substantial material on record, including witness statements and communication links, indicating the involvement of the applicants in the alleged conspiracy.
The court also noted the criminal antecedents of the accused and the seriousness of offences involving large-scale narcotics trafficking.
Holding that the mandatory conditions under Section 37 of the NDPS Act were not satisfied, the court said there were no reasonable grounds to believe that the accused were not guilty of the alleged offences.
“Considering the gravity of offence, commercial quantity of contraband, evidence collected during trial, criminal antecedents and the statutory embargo contained in Section 37 of the NDPS Act, this court is not inclined to extend the concession of bail to the applicants,” the court observed while rejecting the bail pleas.
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