Excelsior Correspondent
Srinagar, May 18: High Court today recalled interim bail granted to drug peddlers and directed their arrest.
Justice M K Hanjura dismissed the petitions of Feroz Ahmad Khandey and Faisal Ayoub Sheikh and recalled their interim bail which they were granted by the court and directed for their arrest.
“…The petitioners shall be taken into custody and they shall be at liberty to move an application for the grant of bail in their favour before the trial court which shall be decided on its merits”, High Court directed.
Court said it is evident that no person can be enlarged on bail, if he is found to be in the possession of a commercial quantity of narcotics and psychotropic substances or offences under NDPS Act unless the court comes to the conclusion that the accused is not guilty of such an offence.
“These restrictions are provided in addition to the checks and curbs imposed under the Code of Criminal Procedure or any other law governing the grant of bails. In the present case, as is reiterated here, the petitioners have been found to be in the possession of 1019 bottles of Cof-Rex and Rex-Cof and on the basis of the recovery of such a huge quantity of controlled drugs found in the possession of the petitioners, it can well be said that the petitioners are prima facie involved in the commission for the offences aforesaid and there is no reasonable ground to believe that they are not guilty of such offences”, court said.
State counsel resisted and controverted the applications of the applicants on the grounds that the controlled drugs were
recovered from the possession of the applicants as such have committed a heinous offence.
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