Bail denied to 2 persons booked under NDPSA

Excelsior Correspondent
SRINAGAR, June 29: First Additional Sessions Judge Baramulla Naseer Ahmad Dar has denied bail to two persons who have been booked under Narcotics Drugs and Psychotropic Substances Act (NDPSA).
According to the prosecution, on March 18, 2020, one Mohammad Shafi Dar, son of Abdul Gaffar Dar of Goshbugh Pattan was arrested by Pattan Police along with intoxicants and accordingly case under NDPSA was registered against him.
Similarly, on May 30, 2020, Pattan Police arrested one Mohammad Yaqoob Bhat, son of Ghulam Qadir Bhat of Aglar and recovered intoxicants from his vehicle.
The charge-sheet in the case involving Mohammad Shafi Dar was presented in the court after investigation while was probe into the case registered against Mohammad Yaqoob Bhat is still in progress.
After hearing counsels for both the accused seeking their release on bail, First Additional Sessions Judge Baramulla observed, “Section 21 of the NDPSA provides punishment for contravention in relation to manufactured drugs and preparations and it states that if the contravention relates to commercial quantity the punishment is rigorous imprisonment which may extend to 20 years and also liable to fine”.
In separate orders, the court further observed, “though the intoxicants recovered from the accused fall below the commercial quantity yet the quantity is much more than small quantity”, adding “FSL report in these cases is yet to be received which would further clarify what is the total quantity of the prohibited drug contained in the substance allegedly recovered from the possession of the accused persons”.
“The menace of drug peddling and abuse is increasing day by day in the society and the youth are particularly affected by this menace. If it is not controlled, future generations would be badly affected and hence it is the responsibility of every individual of the society to make endeavour so that this menace is stopped and controlled”, the Judge said, adding “heavy duty is cast upon the courts to ensure its control by invoking stringent provisions of law”.
The Judge further said, “if the accused persons are released on bail at this stage of the cases, it will give a wrong signal in the society and the people may lose faith and confidence In the courts which is said to be the last ray of hope”.
With these observations, the court rejected the bail applications of both the accused.

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