Excelsior Correspondent
Srinagar, May 19: High Court has denied to grant bail to an accused involved in drug trafficking by recording that the trial of case is still at initial stage and the indulgence of the court by the accused at this stage is not appropriate as the court has to keep in mind the rigors engrafted in Section 37 of the NDPS Act.
Justice Sanjeev Kumar dismissed the bail application of one Abdul Majid of Aishmuqam Phalgam in District Anantnag on the ground that the trial of the case is still at infancy stage. Court added, that the accused-Majid is claimed to be a kingpin indulging in selling the narcotic drugs to drivers, conductors and youth in the area, there is every likelihood that he, if released on bail, may commit the same offence yet again.
The police have made an effort and traced out the source from where the contraband has emanated, though it has not been able to trace out the person whom the seized contraband item was meant for.
“At this stage, this Court cannot say with certainty that on the basis of evidence put up by the prosecution against the petitioner, there is any likelihood for believing that the petitioner is not guilty of the charged offence and that he would not commit any offence while on bail”, Justice Kumar said and accordingly dismissed the bail application as found to be devoid of any merit.
The accused-Majid is one of the accused in FIR No.90/2019, which, after investigation, is pending trial before the concerned trial court. His bail application before the trial court was contested by the prosecution and the same was dismissed 15.01.2021 in view of his involvement in the commission of offence under Sections 8/20/29 of NDPS Act involving recovery of commercial quantity of charas weighing 10 kg and 50 gms.
Justice Kumar after having heard the counsel for the parties and perused the record opined that the accused has not been able to make out a case for grant of bail at this stage. “There is no denying the fact that the contraband item recovered represents commercial quantity, therefore, while considering the bail application, the Court has to keep in mind the rigors engrafted in Section 37 of the NDPS Act”, Court said.
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