Court rejects bail in NDPS Act


Jammu, Jan 15: Additional Sessions Judge Samba Adnan Syeed rejected the bail application of one Zubair Ahmed S/O Ab. Hamid Bhat R/O Numblan Sheeri Narwa who was facing trial in NDPS Act.
The prosecution has strongly resisted the bail application by filing its detailed objections, submitting that applicant/ accused has committed offence under NDPS act involving commercial quantity so much so that huge quantity of 4000 bottles COREX recovered from the accused/ applicant and therefore in view of the embargo imposed under section 37 of the NDPS Act the application is not maintainable and deserve outright rejection; that the applicant has been arrested in a case registered at Police Station Samba vide FIR No. 154/2019 U/S 8/21/ 22/29 NDPS Act; that accused has committed a heinous offence in which punishment may extend up to 20 years and fine upto Rs. One Lakh; that after investigation, police has filed challan before this court; that the accused person has indulged in the smuggling of narcotics drugs and selling to innocent youth making them addicted causing damage to their health and spoiling the life of young generation.
Additional Sessions Judge Samba Adnan Syeed while rejected the bail application, observed that in the present case, as referred above, 4000 bottles of COREX have been recovered from the possession of accused persons, including the applicant herein, which falls under commercial quantity so the bar created under section 37 is applicable to the present case. As the Act has provided stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances and matters connected therewith, hence accused cannot be granted bail without the opinion of the Court that he has not committed the said offence and he is not likely to commit any offence while on bail. Court further observed that an offence relating to Narcotic Drug or Psychotropic Substance is more heinous than a culpable homicide because the latter effects only an individual, while the former affects and leaves its deleterious impact on the society, besides shattering the economy of the nation as well. So concession of bail to the accused at this stage will cause deleterious effects in the minds of the society and public at large, it will also spread wrong messages in the society and encourage offenders of such offences to repeatedly commit such offences. JNF

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