Excelsior Correspondent
Srinagar, July 21 High Court rejected the bail to a drug peddler and dismissed his plea seeking quashing of challan proceedings arising out of FIR against him in NDPS case.
The accused-Umair Majeed Bhat challenged Challan proceedings pending the trial court against him for commission of offence under NDPS Act registered with Police Station, Anantnag
The trial court has already framed charges for commission of offences in question against him and initiated trial of the case for further proceedings. Justice Sanjay Dhar has dismissed both the plea of accused viz seeking quashing of trial court proceedings as also seeking bail.
“Having held that the petitioner is prima facie involved in the offence relating to possession of commercial quantity of contraband, the provisions contained in Section 37 of the NDPS Act are attracted to his case. Therefore, unless it is shown by the petitioner that there are reasonable grounds for believing that he is not guilty of such offence, he cannot be admitted to bail”, Justice Dhar said.
The court further added that one it has been held that the petitioner-accused is prima facie involved in commission of offence relating to possession of commercial quantity of contraband, it cannot be stated that there are reasonable grounds for believing that he is not guilty of such offence. The bar to grant bail as contained in Section 37 of the NDPS Act is, therefore, attracted to the instant case. The petitioner, as such, cannot be admitted to bail at this stage”, the court concluded.
The facts of the case are that a police personnel of Police Station, Anantnag, while on Naka duty at GBS Crossing, K. P. Road, Anantnag, intercepted a vehicle proceeding from Lazibal towards Khanabal. The driver of the vehicle tried to escape from the spot but he was stopped from doing so. Upon questioning, the driver disclosed his name as accused-Umair Majeed Bhat, resident of Chanapora, Srinagar.
Upon search of the vehicle in question, three plastic cans containing Codeine Phosphate were recovered. The first Cane was found to contain about 8 to 10 liters of Codeine Phosphate, the second Cane was found to contain about 9 to 10 litres of Codeine Phosphate and the third Cane was found to contain 4 to 5 liters of Codeine Phosphate. The petitioner and his associate could not give any explanation with regard to possession of the aforesaid substance. The police registered FIR No.124/2024 for offences under Section 8/21 and 29 of the NDPS Act and started investigation of the case resulting in filing of challan before the competent court of law.
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