Excelsior Correspondent
DODA, Feb 5: Additional Sessions Judge Doda Archana Charak today rejected bail application of Baber Ahmad Malik, son of Shah Mohd of Bhaderwah, who was arrested under NDPS Act.
The accused was arrested on January 3, 2025 along with heroin by a team of Police Post Khelani.
After hearing Additional Public Prosecutor, the court observed, “the report submitted by the Investigating Officer reveals that accused Baber Ahmed is also involved in FIR No. 174/2020 under Section 8/20 NDPS Act registered at Police Station Doda and was on bail when arrested again for similar offence”.
“At this stage, besides other factors, even conduct of the accused is also to be seen. The accused has repeated the offence and again there is apprehension of repetition if admitted to bail. Subsequent analysis of call detail records of accused has substantiated this claim that accused was in frequent and consistent communication with the Shakeela Begum alias Taya who is also co-accused in the said FIR”, the court said.
“Further, the bank transaction details of the accused reveal that he frequently use his account for transactions typically in denominations of Rs 1000 and Rs 2000 and he is primarily conducted transactions through UPI and MPay, receiving and sending funds to various individuals in the Doda town and Jammu”, the court said, adding “no doubt, the contraband allegedly recovered in the present case is not commercial quantity, but 10 grams of heroin recovered, too is not a small quantity does not fall within the category of commercial quantity and rigors of Section 37 of NDPS Act are also not applicable”.
“Indeed, the accused is involved in the commission of heinous offences and his release on bail at this stage will also make an adverse impact on the society. Accused having repeated similar offence, once released on bail earlier in a case of similar nature, has made court to believe that there is likelihood of repeating the offence by him. Given the gravity of offence and severity of punishment the accused doesn’t deserve any concession of bail”, Additional Sessions Judge Doda Archana Charak said.
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