Court denies bail in charas smuggling case

Excelsior Correspondent

JAMMU, Sept 6: The Principal Sessions Judge, Samba (Special Judge under NDPS Act), R N Watal, has rejected bail applications filed by multiple accused in connection with the recovery of 11.355 kgs of charas from a vehicle at Tapyal, NH-44, in March 2024.
The accused, including Mathupotra Sohil Arifbhati (represented by Advocate Rahul Singh Sambyal), Riyaz Ahmed Dagga (represented by Advocate Prince Khanna) and Khureshi Yasin Inayatali and Bhatti Feroj (represented by Advocate Dharamvir), sought bail on grounds of false implication and absence of direct recovery from some of them.
The prosecution, led by Special Public Prosecutor B S Charak, strongly opposed the bail, arguing that the accused were part of a conspiracy to transport charas from Kashmir to Mumbai and that the seized quantity was of “commercial scale.” The prosecution also raised concerns about tampering with evidence and absconding if bail was granted.
The court cited the legal presumption under Sections 35 and 54 of the NDPS Act, holding that the offences were prima facie established at this stage. “The menace of drug trafficking has to be stopped at all costs,” the Judge observed, adding that bail would send a wrong signal to society and undermine public confidence in the justice system.
The applications were accordingly dismissed, with the court directing that the petitions be attached to the main challan file.