Excelsior Correspondent
Srinagar, Apr 21: Observing that the commercial quantity of contraband is not bar for grant of bail unless the Public Prosecutor has been given an opportunity to oppose the application, High Court granted bail to a drug peddler after four years of detention.
Justice M A Chowdhary granted bail to Aijaz Ahmad Dar of district Budgam in a four year old FIR subject to conditions to the satisfaction of the Trial Court.
“…the present Petition is allowed and the Petitioner is admitted to bail in connection with case bearing FIR No. 111/2022 registered in Police Station Beerwah, Budgam, subject to the conditions to the satisfaction of the Trial Court”, the court said.
The court said that the Section 37 of the NDPS Act is not a complete bar to grant of bail in a case where recovery of contraband drug falls within the parameters of commercial quantity. “It only provides that bail in such cases cannot be granted, unless the Public Prosecutor has been given an opportunity to oppose the application and that there are reasonable grounds to believe that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail”, reads the judgment.
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