Court rejects bail of police cop involved in heroine smuggling

05/01/2019

JAMMU, JAN 04: Principal Sessions Judge Jammu Vinod Chatterji Koul today rejected the bail application of one Fiza Hussain S/o Sh. Mohd Abdullah Dar who was driver of DIG from whose possession 600 grms heroine was recovered.
Principal Sessions Judge Jammu Vinod Chatterji Koul after hearing Adv Imran Akram for the applicant whereas Rakesh Badyal Public Prosecutor for the state observed that accused is Head Constable of police and was driver of official vehicle of the DIG, when he was apprehended and commercial quantity of Heroine was recovered from his possession which he had kept under his seat. It is a case where a person who is supposed to enforce the law has become breaker of the law.
Police who is supposed to check the drug trafficking is involved in the said trade, which in any case is an act of very serious nature.
Court further observed that the alleged quantity of contraband recovered from the possession of accused /applicant is of commercial quantity.
As such the issue of grant of bail to accused /applicant is governed by the mandate of section 37 of NDPS Act. Therefore, even if any doubt arises on account of contradiction in statements of witnesses as pleaded by the counsel for the accused, the benefit of same is not to be granted at this stage of bail to the accused, especially when tested on the touchstone of mandate of section 37 of NDPS Act.
Court further observed that NDPS Act is a special legislation which has been enacted to make stringent provisions for the control and regulation of operation relating to narcotic drugs and psychotropic substances, there use and illicit traffic.
There is no doubt to the fact that our society is under severe threat from drug abuse and trafficking of contraband and its usage and every conscious citizen of the country has to raise his voice against this menace and to curb it to its hilt. Courts of the country are under the bounden and legal duty to give a strong message to the society particularly when such issues come before it.
In the case of accused/applicant rather rights of the society needs to be protected by keeping him behind the bar particularly when the accused /applicant is a police official and remaining witnesses are yet to be examined by the prosecution.
With these observations Court rejected the bail application. JNF

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