Excelsior Correspondent
Srinagar, Apr 9: Observing that the court is not required to appreciate and scrutinize the evidence in detail, High Court refused to grant bail in drug trafficking and dismissed the plea seeking quashing of FIR against the accused.
Justice Javed Iqbal Wani dismissed the plea of one Mohammad Altaf Lone seeking quashing of FIR and releasing him on bail in the offence committed under Narcotic Drugs and Psychotropic Substances Act.
According to the prosecution case on 02.12.2019 Police Station, Udhampur received information from reliable sources that one truck bearing registration No. JK03D-7707 loaded with apple boxes has beneath the said boxes concealed Poppy straw like substances being transported from Srinagar to Punjab.
Justice Iqbal after perusal of the provisions governing the field said, it is manifest that the cases in which the commercial quantity of contraband is alleged to have been recovered from the accused, bail can be granted only if there are reasonable grounds to believe that the accused is not guilty of such offences and that he is not likely to commit any offence while on bail
Court said that there is admittedly material collected by the prosecution connecting the petitioner-accused with the commission of alleged offences in the form of the confessional statement made by the accused-driver claimed to have been recorded in presence of the Executive Magistrate.
“Before proceeding further in the matter it needs to be kept in kind that the Court is not required to appreciate and scrutinize the evidence in detail and a meticulous and critical analysis of the matter is not permissible in law while considering a bail application”, Court recorded and dismissed the plea seeking quashing of FIR as well as bail application.
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