Excelsior Correspondent
Srinagar, Mar 19: High Court today rejected bail to an accused involved in drug trafficking and said the quantity of the contraband recovered from the accused falls within the commercial category.
The bail was sought by accused Touseef Ahmad Sheikh in a case (FIR No. 42/2019 under Section 8/21 & 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 and 48 of Excise Act) on the grounds he is 22 years old, having three children and old aged parents to support and is not involved in any criminal case and has been in custody since April 2019 and despite passage of more than 1 ½ years, the prosecution has been able to examine only five witnesses.
Accused-Sheikh as per the response filed by police has been arrested on April 30, 2019 during Naka at Nusoo, Papchan in Bandipora along with Mehraj Din Bhat son of Mohammad Maqbool Bhat of Ward No 2 Bandipora.
On search of petitioner, 5 bottles of Rum and 15 Bottles of Codeine Phosphate and 10 Strips of Spasmo-Proxyvon containing 240 tablets were recovered. Likewise, on search of the other accused namely Mehraj Din Bhat, 4 Bottles of Rum (Old Adventure) and 13 Bottles of Codeine Phosphate (Apdyle-T) 6 Strips of Spasmo-Proxyvon containing 144 tablets were recovered from him.
On receipt on the docket, FIR No. 42/2019 under Section 8/21-22 NDPS Act and Section 48 of Excise Act was registered in the Police Station Bandipora and after the completion of the investigation, Challan No. 26/2019 was filed before the competent court of law on July 24, 2019.
Justice Rajnesh Oswal has perused the statement of the prosecution witnesses and from the statement of the prosecution witnesses, and said the court is unable to form an opinion at this stage that the petitioner-Sheikh is not guilty of committing an offence for which he has been charged and will not commit such type of offences in the near future, if released on bail.
“This court has deliberately not evaluated the evidence lead by the prosecution lest it shall prejudice either of the parties during the trial of the case. The contention of the counsel for the petitioner that that procedure as prescribed under the NDPS Act has not been followed cannot be considered at this stage and that is to be appreciated by the trial court while finally adjudicating the challan”, Justice Oswal said.
“No case for grant of bail is made out, as such, the bail application is found to be without any merit and is dismissed accordingly. However, the petitioner shall be provided all the requisite medical treatment by the Superintendent, Central Jail Srinagar and it is expected that the trial court shall expeditiously decide the challan without granting unnecessary adjournments to either of the parties”, court directed.
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