Bail denied to couple booked under NDPSA

Excelsior Correspondent

JAMMU, Apr 1: Additional Sessions Judge Doda Amarjeet Singh Langeh has rejected the bail applications of Shafia Tabassum and her husband Junaid Qayoom, who were involved in NDPS case.
After hearing both the sides, the court observed, “the quantity of contraband allegedly seized from possession of petitioners comes in intermediate quantity. Investigation also reveals that one of petitioners is also involved in two more FIRs for the same offences under the NDPS Act”.
“One FIR is registered with Police Station Bahufort, Jammu while as another had been registered with Police Station Doda. The cases arising out of these two FIRs are said to be sub-judice. The alleged recovery of heroin (Chitta) in question along with cash only gives a prima facie indication that the two petitioners do indulge in peddling and sale of contraband”, the court said.
“This is the more disconcerting feature of case in hand. Unmindful of fear of law, the act of peddling contraband like heroin and selling the same to youth, not only scales-up gravity of offences alleged but its pernicious consequences are more than visible to anyone willing to gauge and see. Investigation further shows that one petitioner being an addict, also remained in rehabilitation center”, the court observed.
“Be that as it may, alleged addicts, cannot be allowed to become peddlers to secure cash flow and fulfill prospects for quick money at the cost of horrible suffering of youth at large. Moreover, the investigation is at initial stage and wider dimensions of linkages of petitioners facilitating them in procurement of contraband in question – are still under investigation”, the court said.
Even though rigors of Section 37 of NDPS Act are not attracted in the case in hand yet limitations provided for grant of bail in heinous and non-bailable offences indeed are squarely attracted in the case in hand. Thus, having regard to character of evidence collected during the investigation till date and considering the gravity and seriousness of offences alleged and the societal impact of the crime alleged in question, the court dismissed the bail application.