SRINAGAR The J&K High Court has dismissed a bail plea by two persons from whose possession 35 bottles each 100 ml with the ingredients of codeine phosphate were recovered at Bandipora in north Kashmir.
Rejecting the contention of the petitioners that rigor of section 37 of NDPS Act was no attracted, a bench of Justice Rashid Ali Dar said that 35 bottles (100 ml. each), with the ingredients of codeine phosphate were recovered allegedly from them. Codeine is mentioned in the Table of NDPS Act at S.No.28, in terms of which small quantity is mentioned as 10 gms., whereas commercial quantity is mentioned as 1.00 kg. The total quantity of the recovered drug would be thus, 35×100 ml.=3500 ml, the court said.
No reasonable grounds have been found for opining that the petitioners are not guilty for the offences as referred above, and as a sequel of which, I do not find any ground is made out for interference at this stage, the court said, adding, The petitioners would be free to approach either learned trial court or this Court in case there is any change in circumstances. As such, the instant petition deserves rejection, accordingly is rejected.
The trial court shall, however, proceed with trial expeditiously having regard to the fact that submission is being made that only few witnesses till date have been examined by prosecution, the court added.
The defence taken in terms of the instant case by the petitioners herein for not being involved at any time in the offences attributed to them, cannot be gone into by this Court as it is for the learned trial court to examine the credibility and acceptability of this preposition at appropriate stage, the court said.
A case (FIR No.98/2018) has been registered against them in Police Station, Sumbal for the commission of offence punishable under Section 8/21 of NDPS Act. The petitioners are facing trial before the court of Principal Sessions Judge, Bandipora.
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