Court denies bail to 2 ‘drug peddlers’
Srinagar, Oct 7: A court here on Monday rejected bail pleas of two alleged drug peddlers, observing larger public interest in curbing drug menace is paramount.
“The larger public interest in curbing drug menace is paramount, as highlighted in surveys showing alarming rise in substance abuse among youth (e.g., 1.3 crore cannabis users, 90% pharmaceutical addiction cases),” Special Judge (NDPS cases) Vinod Kumar said while rejecting bail applications filed by Rameez Yousuf Dar of Nowgam, Srinagar and Owais Amin Bhat of Rawalpora Srinagar.
The Court noted that it cannot grant liberty to an accused against whom there is a prima facie case, merely on personal grounds, when the gravity of the statute demands otherwise.
“While the court is sympathetic to the family circumstances of the accused, it is a well-settled principle that humanitarian grounds cannot override statutory provisions, particularly in cases involving a commercial quantity of narcotic drugs,” the court said.
The Court underscored that the legislative intent behind Section 37 of the NDPS Act is to curb the menace of drug trafficking and this intent must be given due consideration while deciding bail applications.
The two alleged drug peddlers have been arrested by police in connection with the seizure of 96 crates containing 2400 bottles each containing 100 ml of codeine phosphate under the brand name "B-PEN C" in 2022.
The court observed that the recovery of a commercial quantity creates a statutory presumption against the accused under Section 54 of the NDPS Act. “This presumption, coupled with the serious nature of the offence which affects society at large, particularly the youth population, weighs heavily against the grant of bail”.
The socio-economic impact of drug trafficking requires the courts to adopt a deterrent approach while considering bail in such cases, the court said
“Grant of bail is indeed a matter of judicial discretion; however, the discretion cannot be exercised too loosely, particularly in heinous offences of serious nature where trial deserves to be concluded expeditiously”.
“Keeping in view the enactment of the NDPS Act is to curb the ever-increasing menace of drug peddling and illegal possession, sale and its ramifications on society and the youth in particular and cause for an increase in the crime rate, nature and seriousness of accusation against the applicant ………I am of the view that no good ground is made out by the petitioner for enlarging him on bail,” the court said and rejected the bail applications filed separately by the two accused persons.
According to the prosecution, the police station Batamaloo on February 8, 2022, received information that a consignment in the name of Sikander Pharma, Muslim Abad NR Colony Bemina, reached a transport company situated at Tengpora By-pass belonging to some unknown person(s), which contained a huge quantity of contraband substances, which were used to drive youth into drug addiction.
In response to this, a case FIR No 18/2022 under section 8/21 of the NDPS Act was registered, and an investigation was set up, the prosecution said.
