Court of Principal District and sessions judge kupwara (Special court NDPS) Rejected Bail application of a drug peddler who was arrested by Tangdaar Police along with contraband in the form of Heroin weighing 5 KGs in September 2020.
Sources told that on 21 September 2020 a police party from Tangdaar arrested Waqar Ahmad Badan along 5 KGs of Heroin like substance at Pingla Haridal at around 1130 Hours. Accordingly FIR was lodged at Police Station Tangdaar U/s 8/21 of NDPS Act.
Later the counsel for the accused had sought bail on the ground that accused is innocent person. Agitating further that there is no prima facie evidence on record which could prove involvement of Waqar in the crime and the investigation of the case is complete for which the charge sheet has been presented, as such there is no need to keep the accused under custody.
However, Ld APP Dar Rashid strongly objected that plea of the accused for his enlargement on bail is premature as 04 prime prosecution witnesses out of 16 enlisted PWs are yet to be recorded during trial, and the charges levelled against accused are henoius and anti-social in nature.
Ld. APP Dar Rashid during the course of the arguments said that menace of drug trafficking has risen with an alarming rate in the country and particularly in J&K’s Kupwara. The problem of narco-terrorism is a challenging one and Kupwara has become a transit point for trade and transportation of drugs which will cost us our future generation. He has further submitted that evidence produced by the prosecution till date in the court has established beyond any doubt involvement of accused in the commission of crime, and the recovery of narcotics has also been successfully proved during trial.
Khem Raj Sharma PDJ Kupwara in his order said that the charge against the accused was framed when the prosecution succeeded in establishing that prima facie case is made out against the accused under section 8/21 of NDPS Act as such granting bail in the instant case would defeat the object of the NDPS Act. Court has reiterated the judgment of High Court of Allahabad where in it has been held that “in matters under NDPS Act since the reverse onus is placed on the accused in view of of Section 37 (1) (b), no liberal view can be taken”.
The prayer for grant of bail is accordingly dismissed as misconceived.
Comments are closed.