Excelsior Correspondent
KATHUA, Jan 30: Chief Judicial Magistrate Kathua – Amarjeet Singh Langeh rejected bail application of juvenile Owais Bashir S/o Bashir Ahmed Bhat R/o Khadermooh, Kakapora Pulwama, Srinagar involved in FIR No. 118/2017 for offences under Sections 8/21/22/29 of NDPS Act.
Allegations against juvenile were that he along-with two co-accused were transporting 1960 bottles of Maze Coff-T 100 ml each (960 litre) containing codeine phosphate from Punjab to Kashmir in a truck bearing registration number HR55M-6756 and on 12-12-2017, during patrol duty by Lakhanpur police, said truck was intercepted and during search 1960 bottles of Maze Coff-T 100 ml each containing codeine phosphate were recovered from juvenile and two co-accused.
While rejecting the bail application court observed “menace of smuggling of narcotic drugs is on increase and resorted to as an organized activity by drug syndicates which leads to drug addiction among adolescents and youth.
The court further observed that this menace has assumed grave and alarming proportions in recent years. Petitioner and two co-accused failed to produce any documents for transportation of, by far, such a hue and commercial quantity of narcotic drug.” Court further observed that “evidence collected during investigation also demonstrates that consignment of such huge quantity of narcotic drug was being carried to Valley by petitioner and two co-accused for illicit and illegal sale to public at large, in particular to youth.
By this act of petitioner and two co-accused, it is not the interest of one or two individuals but of society as a whole which has been put to risk of drug addiction. Lively concern for interest of society at large is also traceable in Section 13 of Juvenile Justice (Care and Protection of Children) Act 2013 which recommends denial of bail to likes of petitioner if his release would defeat ends of justice which by implication means justice qua community/society also.”
It was also noted by court that “ordinarily, unless a juvenile has an alliance with drug syndicates, he would not dare the system by being complicit in transportation of such huge quantity of narcotic drugs, a scenario presented by case at hand and it is precisely in this backdrop, harboring a belief that petitioner may come into association with known criminals dealing in the drug trade – is neither misplaced nor unfounded.” With these observations court rejected the bail application of juvenile.
Vikrant Sharma Chief Prosecuting Officer and Manmohit Sharma Senior Prosecuting Officer represented State in the case.
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