HC denies bail to 2 drug peddlers
Srinagar, Nov 25: The High Court of J&K and Ladakh has declined to grant bail to drug persons who have been booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
A bench of Justice Sanjay Dhar rejected a bail application of Rouf Ahmad Ganie and Rayees Ahmad Wani after it noted that it was not mandatory for the Investigating Agency to send samples from all 38 recovered bottles allegedly recovered from the duo to the Forensic Science Laboratory (FSL).
While dealing with the bail plea, the court observed that the question for determination was whether the Investigating Agency needed to send samples from each of the 38 recovered bottles for chemical analysis.
“The answer is an emphatic ‘no’, as all the bottles contained a similar solution from the same batch,” the court said, adding, “therefore, one sealed bottle from the recovered lot would, prima facie, constitute a representative sample of the entire seizure”.
The two accused are behind bars in connection with case (FIR No.74/2023) for offences under Section 8/21, 29 of NDPS Act registered with Police Station Qazigund under the jurisdiction of SSP Kulgam.
The trial in the case is currently underway before the Court of the Special Judge (NDPS Cases), Anantnag.
According to the prosecution, on April, 25, 2023, a police patrolling party near Nasoo Badragund Crossing spotted two persons who were carrying polythene bags.
Upon search of the bags, bottles of Codeine were recovered and the duo identified themselves as Rouf Ahmad Ganie and Rayees Ahmad Wani.
While the bench noted that when it comes to offences punishable under NDPS Act, particularly those which involve possession of commercial quantity of contraband substance, the court has to keep in view something more, it said: “Section 36C of the NDPS Act makes Code of Criminal Procedure applicable to the proceedings before a Special Court which includes the provisions as to bail and bonds”.
“However, Section 37 of the NDPS Act stipulates additional conditions before a person accused of committing an offence involving a commercial quantity of a contraband substance is released on bail.”
Underscoring that the provisions contained in Section 37 of the NDPS Act are mandatory in nature, the court declined to grant bail to the accused.
