SRINAGAR A court in Srinagar has granted bail to a 65-year-old woman who was arrested for selling charas last week in Srinagar and asked her to undertake that she will not commit such act again.
As per police report, on July 10, one Alto Car (JK01AB-3359) was intercepted which was driven by Mohammad Ayaz Dar who was carrying Charas like substance in his car. He was arrested and during questioning he stated that he had purchased the consignment of Charas from Samoon Colony Solina here from Mst. Nigeena Bano. The police searched the premises of (woman) and recovered 210 gms of Charas which was found wrapped in maize cobs which was also seized.
The police also alleged that she is working as a conduit and seller of contraband items and makes same available to common people especially people of young age who are lured and driven to drug addiction. Consequently, she was booked for offence under section 8/20 NDPS Act, the police added.
She is in custody since 10.07.2019 and for now sufficient time has been availed by the police agency to subject her to interrogation, so as to elicit chances of any further recovery. Being aged lady of 65 years, in terms of proviso to Section 497, which is of mandatory character, she gets a right to be released on bail, the court said. Even otherwise being old and infirm, her continuous incarceration may prove detrimental to her health, the court said.
The court said bail is a rule and its denial is an exception and the prosecution in my view has not been able to make out a case of exceptional nature to sway this court not to grant any relief to (Nigeena Banu).
A case for enlargement on bail of (Nigeena Banu) is made out, the court said and ordered that She be released from the custody, subject to furnishing of surety for an amount of Rs.1 lakh with conditions that she shall take part in investigation and remain present with trial and when the charge sheet is filed, shall refrain from harassing or intimidating the prosecution witnesses. Besides, the court said, she shall undertake not to commit such act again.
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