HC Denies Bail To Peddlers

Srinagar—The Jammu and Kashmir High Court Friday dismissed petitions filed by two alleged drug peddlers, seeking bail.   

According to prosecution, 16 January this year, a police patrol party spotted a vehicle (No. JK01X-7020) at Ali Jan Road near Bohlochipora. The vehicle was stopped and checked and quantity of 1019 bottles of Cof-Rex and Rex-cof were found and recovered from the vehicle. The vehicle was driven by Faisal Ayoub Sheikh son of Mohammad Ayoub Sheikh of MIG Colony Bemina, Srinagar, who was accompanied by Feroz Ahmad Khanday son of Ghulam Mohd Khanday of Bilal Colony, Qamarwari, Srinagar and Mudasir Sultan Bhat alias Majid son Mohd. Sultan Bhat of Sir Syed Abad Bemina, Srinagar. After the recovery of these controlled drugs, a case bearing an FIR (No. 07/2018) for the commission of offences punishable under Section 8/22 NDPS Act, was registered against them at Police Station, Soura, Srinagar, with which the investigation commenced.

The petitioners in the pleas stated it is only an inter-mediatory quantity of drugs that has been seized from them and, therefore, the rigor of Section 37 of the NDPS Act, will not apply to them. They said they are innocent and have not committed any offence. Their contention further is that in a case like the present one grant of bail is the rule and its refusal is an exception. It is also pleaded by the petitioners that they have deep roots in the society and they will not flee from justice but will cooperate with the investigating officer and will present themselves before him if andwhen they are required to do so.

The government resisted the applications that they have committed a heinous offence and the menace of the drugs has eaten into the vitals of the society. It said that it was a crime against the society and the societal concerns have to be guarded with zeal and zest. “What requires to be stated at the outset is that Faisal Ayoub Sheikh, one of the petitioner moved an application for bail before the Additional Sessions Judge at Srinagar and the Judge after taking an overall view of the application came to the conclusion that a commercial quantity of the drugs has been recovered from his possession and, therefore, he cannot be admitted to bail. This petitioner, however, has repeated and reiterated that the quantity of drugs seized in the case is lesser than a commercial quantity but greater than a smaller quantity and, therefore, he is entitled to bail.” The other petitioner, Feroz Ahmad Khanday was admitted to interim bail by the high Court.

“From the perusal of Section 37, 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 Act or offences under Section 19 or Section 24 or Section 27A Act unless the Court comes to the conclusion that the accused is not guilty of such an offence,” Justice M K Hanjura said. “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 Cof-Rex and Rex-Cof. 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 and there is no reasonable ground to believe that they are not guilty of such offences.” The natural or unpresentable human propensity to always eat the forbidden fruits will ever find means and ways to frustrate the laws and rules prohibiting the use of all such stuff, the court added.

“In view of the preceding analysis, both the petitions of the petitioners are rejected and the order dated 2nd February, 2018, whereby the petitioner namely, Feroz Ahmad Khanday has been admitted to interim bail is recalled.”

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