High Court quashes interim bail order passed by Session's court
27/06/2022
SRINAGAR, Jun 26: Justice M.A Choudhary of U.T of J&K and Ladakh High Court quashed the Interim Bail order passed in NDPS case by Sessions Court Sopore in Commercial quantity case. The order reads as……
Petitioner, through the medium of this application, seeks cancellation of bail granted to the respondent herein vide impugned order dated 18.02.2022 passed by learned Additional Sessions Judge Sopore in the case titled "Irfan Ahmad Gazi Vs. UT of J&K" arising out of an FIR No.276/2021 for the commission of offence punishable under Sections 8/21/22/29 of NDPS Act registered at Police Station Sopore.
The impugned order has been assailed mainly on the ground that the commercial quantity of drugs including brown-sugar had been recovered from the possession of the respondent on 16.11.2021 at Shalpora Sopore, and that the respondent was a habitual offender already involved in a case of drugs registered vide FIR No.74/2012 regarding which he has been facing trial before the court below. That the respondent, in view of the application of rigor of Section 37(1)(b)) of NDPS Act, there being no compelling reason to grant interim bail to the respondent was not entitled to grant of bail, on the pretext of some pregnancy related complicacy of his wife. That the case, in which the respondent had been granted interim bail, was still under investigation. It was alleged that the court below had granted interim bail in favour of the respondent without there being any cogent reasons therefor, and it is prayed that the impugned order, whereby the interim bail had been granted to the respondent, be set aside to meet the ends of equity, law and justice.
Learned counsel for the respondent, pursuant to notice, appeared in the court on 02.06.2022 and was directed to file reply before next date of hearing, however, no reply has been filed and the learned counsel for the respondent today instead of filing reply he would prefer to argue the matter.
Heard and considered.
Learned counsel appearing for the petitioner-Union Territory, argued that the respondent, who is a habitual offender involved in the illicit trafficking of drugs, had been granted interim bail by the court below on the pretext of some pregnancy related complications of his wife, though the respondent was not entitled to be granted bail in view of the commercial quantity of drugs having recovered from his possession in view of the application of rigour of Section 37 of NDPS Act. He further submitted that the case was still under investigation and grant of bail, even if interim in favour of the respondent, was detrimental to the fair investigation of the case. It was submitted that the court below had committed grave illegality while granting interim bail to the respondent. He further argued that the court below vide order dated 18.02 2022 had granted interim bail to the respondent for a period of three months and the same was being extended from time to time without asking the respondent to surrender to the judicial custody. It was finally prayed that the impugned order be set aside in the interests of justice.
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