Excelsior Correspondent
JAMMU, Aug 1: High Court of Jammu Kashmir and Ladakh has rejected the bail plea of Arif Ahmed, accused of smuggling a massive consignment of 595 kilograms of poppy straw.
While pronouncing the order, Justice Rajesh Sekhri noted, “although delay in trial is a valid ground for bail under Article 21 of the Constitution, the accused and his co-accused were equally responsible for the protracted proceedings”, adding “mere prolonged incarceration is not sufficient ground for bail when the accused himself contributes to the delay”.
The case stems from a September 2021 incident, where police intercepted a truck at Mansar and recovered 26 plastic bags of poppy straw weighing approximately 595 kg. The vehicle was being driven by Arif Ahmed, and the consignment was allegedly intended for delivery in Punjab. The investigation also led to the arrest of co-accused Irfan Rasheed Rather and Shabbir Ahmed, and revealed consistent telephonic communication among them.
The applicant argued that the trial had seen minimal progress over two and half years and that he was the sole breadwinner with no prior criminal record. However, the High Court found that after the filing of the charge sheet in March 2022, the accused and his co-defendants delayed proceedings by repeatedly seeking adjournments, changing lawyers and refusing to cooperate with the trial process.
Citing Supreme Court precedents, the High Court emphasized that bail cannot be granted merely on the basis of custody duration in cases involving serious narcotics offences.
The application was thus dismissed, but the High Court directed the trial court to expedite the matter by holding regular sessions for witness examination.
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