Srinagar- Amid government’s contention that use of drugs by the young people is increasing day by day, a court here on Tuesday rejected bail application of three persons accused of drug peddling in Kashmir Valley.
The trio had been arrested in 2020 with 21 bottles of Welcyrex, which according to the court falls within the commercial category of contraband drugs.
“Having regards to the nature of allegation, evidence recorded so far and rigors of section 37 of the NDPS Act is attracted in the present case. Moreover, on considerations, and in view of the aforesaid discussion, I am of the considered opinion, that this is the fit case, where bail ought not be granted,” said 1stAdditional Sessions Judge, Srinagar, Khursheed-ul Islam.
“The applicants/accused persons have failed to carve out a case for bail in their favour and, if they are granted bail at this stage there is every apprehension that the accused persons will repeat the offences,” the court said and rejected bail application by Suhail Yousuf Sheikh, Muneer Ahmad Dar and Mohammad Maqbool Dar.
The court said that the ultimate purpose while interfering in the bail under section 37 of the NDPS Act is not to record an observation of not guilty even at the initial stage. “It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds,” the court said, adding, “The court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.”
The court said that it may even consider bail plea of the accused in case of commercial quantity provided innocence of the accused on the basis of material is disclosed. “But this is not the case of the applicants/accused persons, rather they have committed a serious offence.”
Earlier the prosecution said that the use of the drugs by the young people is increasing day by day and as such is weakening the society and nation.
“In such circumstances the Hon’ble Courts have to safeguard the interests of the society & to play their respective role in preventing the illicit trafficking of narcotic drugs & psychotropic substances to combat the menace and to curtail the liberty of such elements who are involved in such trade/activities in the interests of society at large.”
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