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HC dismisses bail pleas of two drug peddlers
5/19/2018 12:02:28 AM
Early Times Report

Srinagar, May 18: The State High Court on Friday dismissed petitions filed by two alleged drug peddlers, seeking bail.
According to prosecution, 16 January this year, a police patrol party spotted a vehicle (No. JK01X-7020) at Ali Jan Road near Bohlochipora. The vehicle was stopped and checked and quantity of1019 bottles of Cof-Rex and Rex-cof were found and recovered from the vehicle. The vehicle was driven by Faisal Ayoub Sheikh son of Mohammad Ayoub Sheikh of MIG Colony Bemina, Srinagar, who was accompanied by Feroz Ahmad Khanday son of Ghulam Mohd Khanday of Bilal Colony, Qamarwari, Srinagar and Mudasir Sultan Bhat alias Majid son Mohd. Sultan Bhat of Sir Syed Abad Bemina, Srinagar. After the recovery of these controlled drugs, a case bearing an FIR (No. 07/2018) for the commission of offences punishable under Section 8/22 NDPS Act, was registered against them at Police Station, Soura, Srinagar, with which the investigation commenced.
The petitioners in the pleas stated it is only an inter-mediatory quantity of drugs that has been seized from them and, therefore, the rigor of Section 37 of the NDPS Act, will not apply to them. The government resisted the applications that they have committed a heinous offence and the menace of the drugs has eaten into the vitals of the society.
"From the perusal of Section 37, it is evident that no person can be enlarged on bail, if he is found to be in the possession of a commercial quantity of Narcotics and Psychotropic Substances Act or offences under Section 19 or Section 24 or Section 27A Act unless the Court comes to the conclusion that the accused is not guilty of such an offence," Justice M K Hanjura said. "In view of the preceding analysis, both the petitions of the petitioners are rejected and the order dated 2nd February, 2018, whereby the petitioner namely, Feroz Ahmad Khanday has been admitted to interim bail is recalled," the court ruled.
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