Excelsior Correspondent
Srinagar, June 11: High Court has enlarged on bail a person in NDPS offence citing the trial of case has not been completed for the last more than two years and contradiction in statement of witnesses.
One Touseef Ahmad Khan filed the plea seeking quashing of FIR registered in Police Station Batamaloo Srinagar along with bail application for offences under NDPS Act way back in the year 2023 a
Apart from the above, the petitioner-Khan has been in custody since 02.04.2023, meaning thereby he has spent more than two years in custody but the trial of the case has not been completed as yet.
The prosecution case is that the petitioner-Khan is indulging in illicit trade of drugs and that co-accused Jasid Manzoor and Sunil Kumar are also involved in the said trade. It was also informed that the aforesaid three persons have concealed the drugs and that they are indulging in sale of narcotic drugs and psychotropic substances to children.
During investigation of the case, the Executive Magistrate concerned was informed on telephone and he was requested to accompany the police party. Accordingly, under the leadership of Executive Magistrate, Shalteng, Srinagar, a police party proceeded to conduct the search of the house of the petitioner/accused and during search 11 bottles of codeine were recovered and the same were seized.
Justice Sanjay Dhar while granting bail to the petitioner-Khan said the prosecution has alleged that a team headed by the Executive Magistrate concerned raided the premises of petitioner but the Executive Magistrate, whose statement has been recorded during trial of the case, has categorically stated that he did not accompany the raiding party and he only sealed the samples which were brought to his office by the police. “Prima facie, the aforesaid statement of the head of the raiding team creates a dent in the prosecution story”,
“It appears that there are reasonable grounds for believing that the petitioner is not guilty of the offence of possessing commercial quantity of contraband drugs. The respondents have not placed on record any material to show that the petitioner has any previous history of having indulged in trade of illicit drugs nor have they placed on record any material to show that in case he is admitted to bail, he is likely to commit similar offences. Thus, the petitioner has succeeded in carving out a prima facie case for grant of bail in his favour”, Justice Dhar concluded.
The court granted bail to the petitioner subject to furnishing personal bond in the amount of Rs.50,000 with two sureties of the like amount to the satisfaction of the trial court and directed him not leave the territorial limits of the Union Territory of J&K without prior permission of the court below.
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