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| NIA Court rejects bail application of Branch Manager | | |  Early Times Report
Jammu, July 14: Special Judge NIA J&K Sandeep Gandotra rejected the bail application of one Afaq Ahmad Wani then Branch Manager at Handwara Central Cooperative Bank Ltd who was key operative of narco-terror module in J&K.
According to the case that the charges were framed against applicant on 15-11-2023 for offences under sections 8/21/25/29 NPDS Act, section 120-B of IPC read with section 17 and 40 of UA (P) Act. The applicant was engaged in Central Co-operative Bank Limited and was posted as Branch Manager at Handwara Central Cooperative Bank Ltd in the year 2019 and was performing his duties with most diligence and honesty. In June, 2020 an FIR was registered at Police Station Handwara vide case No.183/2020 dated 11.06.2020 in which the applicant was later on falsely implicated, then the investigation was entrusted to NIA and NIA registered the case as case No.RC-03/2020/NIA/JMU dated 23.06.2020. As per the prosecution story that on 11.06.2020 at 0805 hrs. SgCt Fiyaz Ahmed 274/H posted at Police Post Langate along with staff was busy in checking of vehicles and pedestrian at Kaiora Bridge. During checking a vehicle make Creta (White Colour) without registration Number which was on the way from Baramulla towards Handwara was stopped and checked. During checking of the vehicle, a Black bag was found under the front seat of the said car. During search of the recovered bank, a large number of Indian currency notes of Rs.500 denominations were found. During further search of vehicle, six packets of narcotic drug i.e. Heroine were found from the dickey of the vehicle which was kept on both sides of the stepny. On preliminary questioning the driver disclosed his name as Abdul Momin S/o Mohd Ashraf R/o Washkhura, presently residing at MIG Colony, Bemina Srinagar. Driver Abdul Momin Peer was taken into custody as the offences under sections 8/21 NDPS Act was found to be committed by the said driver. The investigation of the case No.183/2020 dated 11-06-2020 was entrusted to Sub Inspector Irshad Ahmed, 48 PAU Police Post Magam. On being disclosed by accused A-1, there was further seizure/recovery of 15 kgs of Heroine and cash amounting to Rs.1.15 Crore from the possession of A-2, A3, A4, A5 and A6. The total seizure in the case is 21 kgs of Heroine (commercial quantity) and cash amounting Rs.1,35,89,850/-.
Special Judge NIA J&K Sandeep Gandotra after hearing Sr. Adv MA Goni with Adv Adv Tanzeel Ilahi for the applicant whereas Special PP KS Pathania for the NIA, observed that the material available on record indicates the involvement of the appellants in furtherance of terrorist activities backed by members of terrorist organization that is why two of their accomplices were killed in an encounter during the currency of the investigation, so mere delay in trial that too pertains to grave offense as the one involved cannot be urged as a ground for granting of bail. In view of the discussion made hereinabove taking into consideration the nature and gravity of offence, evidence on record and security of the state, the accused/applicant Afaq Ahmed is not entitled to bail at this stage, because not only the approver Showket Ahmed Parray but other witnesses examined the court have also stated against the applicant in their depositions in court. As such, in the humble opinion of this court the stage has not arisen for this court to record its satisfaction with regard to the “prima facie” truthfulness of the accusation or otherwise against the accused/applicant. The embargo contained under section 43(D) proviso 5 UA (P) Act and Section 37 NDPS Act is attracted in the present case and the accused/applicant herein does not deserve the latitude of bail at this stage. Further, if the accused is enlarged on bail, public interests/ interests of state/UT shall be put to stake. With these observations Court dismissed the application. (JNF) |
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