Excelsior Correspondent
Srinagar, June 30: High Court has dismissed two bail applications of accused involved in drug trafficking and recorded that both the applications were found to be devoid of any merit.
The accused-Imtiyaz Ahmad Dar is facing trial before Additional Sessions Judge, Srinagar for commission of offences under sections 8 and 20 of the NDPS Act arising out of FIR bearing No. 61/2019 of Police Station, Rainawari on the ground that on 13.11.2019 Police Party of Police Station, Rainawari during checking at Rainawari Chowk stopped the vehicle and during the course of search of the vehicle, a polythene bag was recovered beneath the accused seat and on opening, 39 pieces of charas like substance weighing 1 Kg and 900 gms were found.
“The quantity of the contraband recovered from the accused-Dar for which he is facing trial falls within the category of commercial quantity, as such, rigors of Section 37 of the Act are applicable. No doubt the prosecution has almost exhausted its list of witnesses and only the Investigating Officers are yet to be examined but the contradictions as pointed out by the counsel for the accused cannot be appreciated while deciding an application for grant of bail”, Justice Rajnesh Oswal said.
The accused, court said, is facing trial for commission of serious offences having the propensity to destroy the social fabric and economy of the country as such he cannot be granted bail when the trial has almost reached the stage of conclusion.
Dealing with bail application of accused-Latief Ahmad Wani, court said the quantity of contraband recovered from the accused is a commercial quantity and, as such, the rigors of Section 37 of the NDPS Act are applicable.
As per the FIR bearing No. 173 of 2019 under Sections 8 and 20 of the NDPS Act and during the investigation of the case, is was found that two drug peddlers have purchased the Bung leaves from accused-Latief Ahmad Wani and other persons accordingly house of both the accused were searched and during search 36 Kg 700 gms was recovered from the house of the accused-Wani.
Justice Oswal while rejecting to grant bail to accused-Wani said, he is facing trial for commission of heinous offence and the menace of the drug is not only destroying the social fabric of the society but also has been causing severe damage to the economy of the country.
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