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| Court rejects bail of two in NDPS case | | | EARLY TIMES REPORT
SRINAGAR, June 21: 2nd Additional Sessions Judge Srinagar Mohammad Ashraf Bhat rejected the bail application of two accused namely Adnan Nabi Kawa and Mohammad Shareef Bhat who were facing trial in NPDS case.
According to charge-sheet that on 25-08-2020, Police Station Parimpora received a docket addressed to it by Inspector Majid Hassan through constable Sameer Ahmad to the effect that he along with PWs 4,5,6,7, & 9 were on Naka duty at Fruit Mandi, Parimpora. During checking one auto load carrier bearing registration no. JK01AJ/4344 was signaled to stop, however, the accused (who was later identified as accused Adnan) travelling in the said auto load carrier tried to flee but was apprehended. During checking/search of the auto load carrier in question, 39 cases of x-cof (codeine phosphate) were recovered. Each case was found to contain 120 bottles of 100 ml content and in total 4680 bottles were recovered. On receipt of this report case FIR No. 176 of 2020 for offences under Sections 8/21 NDPS Act was registered.
Court after hearing both the sides observed that the plea that petitioner/accused Mohammad Sharief was holding valid drug licence is concerned, perusal of challan file reveals that the said drug licence of petitioner has been cancelled by Dy Drug Controller/Licencing Authority, Drugs and Food Control Organization, Kashmir Division. The said licence is stated to be cancelled after the petitioner has failed to explain his position as regards the allegations briefly stated in the said order. It is alleged that the drug mafia in Kashmir is misusing the drug licences to procure such material at cheap rates.
Nobody is allowed to carry on illicit trade of Narcotic drugs and Psychotropic Substance under the guise of drug licence and nobody can claim any benefit of such licence in case he is found involved in such illicit practice. At this stage, no opinion can be formed by this court on the basis of depositions made by these three witnesses examined by the prosecution so far as the consideration of bail application is concerned as indepth scrutiny of evidence is not allowed at this stage. Without making indepth examination of the evidence on record and having regard of the stage of the proceedings, it would be inappropriate to grant bail in favour of petitioners/accused as any attempt of indepth scrutiny of the evidence could prejudice the trial. The bail application, as such is accordingly rejected. (JNF)
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