Excelsior Correspondent
BARAMULLA, June 21 Principal Sessions Judge Baramulla Sanjay Parihar has rejected the bail application of Mohd Tajamul Masoodi son of Badir Din Masoodi resident of Bagundhar Pampore and Nayeem Rasool Bhat son of Gh. Rasool Bhat resident of Kadlibal Pampore who were involved in smuggling of narcotics through the medium of cross LoC trade going on between the State of J&K (Now UT of J&K) and Pakistan occupied Kashmir (PoK).
After hearing both the sides the Principal Sessions Judge observed, that both the accused are facing trial before this court along with other two accused for offences punishable under NDPSA, adding “the allegations against them are that they were involved in smuggling of narcotic drugs from the other side of LoC through the medium of cross-LoC trade.
Both the accused along with other two accused were held on 21.07.2017 by Police party of Sub Division Uri and officials of the Custom Department deployed at Trade Facilitation Centre at Salamabad Uri, along with truck bearing registration No. AJ&KXA-267. During the checking 1332 packets were recovered which contained brown sugar, weighing 65 Kg, which was seized. All the four accused have been challaned in offence under Section 8/21 and 29 of NDPS Act.
APP has rightly contended that only two witnesses have been examined so far, it has further right to produce rest of the witnesses and that since they are involved in offences of possession of commercial quantity of contraband weighing 65 kg of brown sugar, they did not deserve the concession of bail and their applications are premature.
After hearing both the sides, the court observed, that accused has sought bail on health ground giving plea that they are suffering from various ailments. In this regard, court have gone through their medical record and prima-facie they are not found to be suffering from any life threatening disease.
The Counsel for the petitioners argued that because of COVID -19 petitioners faced threat so, be admitted to bail .Whereas it is true that in terms of the directions passed by the Apex Court in respect of prisoners lodged in jails because of Covid-19 situation the Apex Court on 23rd March 20 had directed the constitution of high power committee to consider the issue of granting of bail to under trial prisoners who are in custody. However, the committee had left out the cases that involved recovery of large or intermediate quantity of contraband in NDPS Act, from the benefits of the COVID 19 situation .
As to what has been reasoned and recorded above, both the petitioners have failed in making out strong prima facie case for their enlargement on bail. Their bail applications are rejected and shall form part of the challan.
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