Bail rejected in NDPS case

11/02/2020

JAMMU, FEB 10: Principal Sessions Judge Reasi Kamlesh Pandit rejected bail application of one Mohd Younis who was booked by the police in NDPS as on on 11.12.2019 police officials from Police Post Talwara were performing routine checking, meanwhile, they signalled the truck bearing registration no.JK02S/0939 driven by Mohd Younis S/O Abdul Rashid R/O Kans Khassan coming towards Reasi but the said person instead of stopping the vehicle broke the naka thereby turning the truck towards Kans Khassa but after a little chase he was upper handed. Thereafter, during checking a bag containing 42 Kg Bhuki from nearby bushes was recovered which was thrown by the accused after managing to run away but was later on arrested on 19.01.2020 .While rejecting bail application, Principal Sessions Judge Reasi Kamlesh Pandit observed that law is very settled that in case of serious offence courts have to see the gravity of the offence, punishment prescribed, impact on the society, evidence on record and apprehension of tampering with the evidence influencing the witnesses etc.
This court is conscious about the presumption of innocence of accused person, but at the same time the actions of the accused person are also to be taken into consideration while weighing individual interest and the public interest.
The illegal trafficking and trade in Narcotic Drugs and Psychotropic substances is posing potential threat to the whole society as it is eating the very vitals of the society and the the menace of traffickers is spreading its tentacles to every nook and corner of the U.T of Jammu & Kashmir which cannot be ignored and also the quantity of the contraband he was possessing.
The release of accused person at this stage will definitely have its adverse affect on the society at large.
The drug traffickers like accused person are spreading the addiction of Narcotics & Psychotrpic substances among the youth section of society making them slaves of the same who when become addicts not only spoil their life but also ruin the life of their family members, therefore, the release of such accused persons involved in illegal trafficking of such a huge consignment of Narcotic & Psychotropic as involved in this case is not meeting the ends of justice. Therefore, in the facts and circumstances of the instant case, the apprehension of the prosecution appears to be reasonable that once the accused person is admitted to bail he will not debar himself from the menace of drug trafficking. With these observations Court rejected bail application.

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