Srinagar- Observing that societal interest weighs more over individual liberty, a court here on Saturday rejected the bail application of an alleged drug dealer who was arrested by police last year.
“The liberty of an individual though is of a paramount consideration and is guaranteed under Article 21 of the constitution but at the same time interests of the society and the State are also of prime importance and the courts should give more weightage to the interests of the society…,”2nd Additional Session Judge Srinagar Renu Dogra Gupta said while rejecting bail plea of Ishfaq Ahmad Dar.
“The High Court of Jammu and Kashmir has underlined the need for strict, “hard on crime” attitude against the instances of drug abuse in Jammu and Kashmir even as it asked the courts below to have “due regard to the harmful socio-economic consequences” while dealing with such matters,” the court said.
The court said that the HC underlined while dealing with these matters, are required to have due regard to the harmful socioeconomic consequences as well as the health hazards which accompany the menace of trafficking illegally in dangerous drugs.
According to prosecution, on 16 July 2022, police at a naka Checking near Danihama stopped a vehicle (9DL2C-8485) and upon its a plastic bag containing Spasmoproxvon plus (1000 capsules) and cash of Rs 36,290 was recovered. Driver of the vehicle, Rashid Ahmad Kuchay of Usman Abadabad Allibagh Sorua was arrested, the prosecution said. As per the prosecution he had actually received the drugs from illegal sources and was going to sell to the youths of Harwan area.
During questioning, the prosecution said, the accused disclosed that one more person namely Ishfaq Ahmad Dar of Zakura Elahi Bagh Srinagar was also involved in this trade and they jointly are dealing with banned drugs and charas.
“On this disclosure during the investigation, on the identification of accused charas like substances was recovered from the house of Ishafaq Ahmad Dar which after weighing was found to be 150 grams and seized”.
Dar was arrested 17 July 2023 and he along with Kichay are presently lodged in Central Jail Srinagar.
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