Excelsior Correspondent
SRINAGAR, Oct 4: The High Court today refused to grant bail to a businessman accused of drug trafficking.
Justice V C Koul refused to grant bail to one Mohammad Tajamul Masoodi, the businessman and partner of a trade firm M/s Adab Traders doing the business of trading goods from Kashmir to other parts of India as also engaged in cross LoC trade.
According to applicant-Masoodi, in terms of Standing Operating rules, inspection of trucks coming from PoK was done at Kaman Post, where J&K Police checked the seal of incoming vehicles and escort the vehicle to Trade Facilitation Centre (TFC) Salamabad and on reaching TFC, Trade Facilitation Officer (TFO), that a truck was checked at all checking posts properly sealed wherein it was carrying a consignment containing 129 units/nags of unstitched embroidered suits.
The vehicle entered India at Kaman Post, and was escorted to TFC Salamabad by J&K Police in a convoy where TFO verified the seal which was intact and thereafter ordered to unload the goods which were counted to be 149 units/nags whereas as per the gathered details, the consignment sent from PoK contained 129 units/ nags, which increased by 20 units in the midway.
It is also averred that since the case registered by police, the applicant moved an application for grant of bail before the Court which was rejected as the investigation was going on and but after the presentation of challan, applicant filed petition under Section 561-A Cr.P.C before the Court and the petition was disposed of vide order dated 3rd October 2018, with a direction to the court below to hear and conclude trial of the case expeditiously, preferably within two months.
Prosecution while opposing the instant bail application filed objections stating therein that on 21st July 2017, acting on an information received from SSP, Baramulla, police party of Sub Division Uri along with security wing and Custom Department officials, deployed at TFC Salamabad for cross LoC trade checking, recovered 1332 packets/sachets of contraband apparently Heroin/Brown Sugar, concealed/hidden in 333 suit boxes, which were carried from Chakoti Muzaffarabad in a truck bearing registration No.AJ&KXA-267, driven by one PoK resident driver, Syed Yousef Shah of Charwaya, Tehsil & District Muzaffarabad.
The consignment, prosecution submitted was sent by M/s J. K. International, Muzaffarabad, to M/s Kuloo Suppliers, Srinagar and in this regard case FIR No.54/2017 was registered in police station Uri and during investigation, while completing other requires formalities, the samples of contraband had been submitted to FSL Srinagar/CFSL, Chandigarh, for analysis/examination.
Report obtained from FSL, Srinagar, revealed the contraband as Di-Acetyl Morphine (Brown Sugar), but the expert opinion from CFSL is also received revealing that the samples contain diacetyl morphine (heroin) and monoacety hnorphine, dextromethorphan, acetyclodeine and caffeine. The investigation of the case had been closed as challaned and produced before the court of Additional Sessions Judge, Baramulla, on 23rd November 2017.
As regards present applicant-Masoodi, prosecution stated that he used to do cross LoC trade jointly with his nephew, Musadiq Afzal Masoodi, and assigned him the job of crossing of vehicles at TFC Salamabad, Uri, and himself used to dispose of the material which reached to him from Pak/PoK to Srinagar/Delhi/ Surat with the active participation of accused, Nayeem Rasool Bhat.
“In light of the facts of the instant case as well as in view of the legal exposition considered and discussed hereinabove, this Court, at this stage prima facie for the purpose of this bail application, is unable to form the required satisfaction that there are reasonable grounds for believing that applicant is not guilty of offence and hence this Court cannot persuade itself to accede to the prayer of applicant for being enlarged on bail”, Justice Koul recorded and accordingly rejected the bail application of applicant-Masoodi with clarifying that any observation made in the judgment of rejection of bail may not be construed as an expression on the merits of case and is solely for the purpose of this bail application and shall not affect the trial.
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