By M Ahmad
Srinagar- A court here has rejected bail plea of three “drug peddlers” arrested by police in November last year.
The three persons were arrested by police near Koolipora crossing in Khanyar area here on 21 November 2022, according to prosecution. The trio, as per prosecution, were found in suspicious circumstances and were arrested from a Ford Figo vehicle which was parked on the roadside. On questioning, the prosecution said, they disclosed their name as Mohammad Younis of Batwara BB Cant, Suhail Ahmad Bhat alias Junaid alias Monga of Budoo Bagh Khanyar and Mudasir Ahmad Dar of Chadoora Budgam. “On spot their search was conducted. On their search, one blue polythene bag was recovered from the jacket of Mohammad Younis which was containing 5 bundles of 90 strips, total 720 Sposmoproxivon plus capsules, two mobile phones of Note 08 pro and Samsung.”
From Suhail, the prosecution said, four strips, total 32 Sposmoproxivon plus capsules and cash Rs. 4000 and Realme Mi-9 phone were recovered. From Mudasir’s pocket, the prosecution said, one key of the vehicle, cash Rs. 2000 and a mobile phone were recovered.
“Infact accused/applicants in consultation with each other in a pre-planned manner had procured the intoxicating drug on cheap rates from illegal sources and by using their personal vehicles they were going to sell these drugs among the youths in the area at exorbitant rates”.
Subsequently, a case (FIR No. 55 of 2022) was registered for commission of offences under section 8/22-29 NDPS Act and investigation was started in the matter.
Opposing their separate bail applications, the prosecution said that the accused are involved in commission of “heinous offences” for which they cannot claim bail as a matter of right. “The quantity of the seized drug falls within the definition of commercial quantity, as such the applications are hit by the provisions of Section 37 of NDPS Act,” the prosecution said while opposing their pleas.
“The total weight of the contraband drug seized in this case comes at 289.52 grams. Whereas, in terms of the notification No. SO 1726 (E) dated 26.04.2018 the commercial quantity prescribed for Tramadol, which is a psychotropic substance, is 250 mgs and above,” Principal Sessions Judge, Srinagar, Jawad Ahmad said. “Thus, the rigor of Section 37 of the NDPS Act is attracted in the present bail matters,” the court said, adding, “Therefore, in terms of Section 37 of NDPS Act, bail can be granted in this case only if there are reasonable grounds available to believe that the accused/applicants are not guilty of the offences for which they are seeking bail and they are not likely to commit any offence while on bail.” Subsequently the court rejected the bail pleas.
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