Early Times Report
Srinagar, Oct 4: The state high court has dismissed an application for bail by a drug peddler from whose possession two kilograms of charas was recovered by police on January 10 this year.
"From the perusal of Section 37 (of the NDPS Act), 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," said a single bench of the court comprising Justice M K Hanjura.
"These restrictions are provided in addition to the checks and curbs imposed under the Code of Criminal Procedure or any other law governing the grant of bails. In the present case, as is reiterated here, the commercial quantity of Charas has been recovered from the possession of the applicant. On the basis of the recovery of such a huge quantity of Charas found in the possession of the applicant, it can well be said that the applicant is prima facie involved in the commission for the offences aforesaid and there is no reasonable ground to believe that he is not guilty of such offences," the court said and rejected bail application by Jameel Ahmad Hajam.
As per prosecution, on January 10 this year, a police patrol party during a routine checking spotted two persons carrying bags in their hands. They were asked to stop but they tried to give them a slip. They were chased and apprehended. They disclosed their names as Tauqeer Ahmad Hajam son of Shamus-ud-Din Hajam of Checki-Ganastan and Jameel Ahmad Hajam son of Mohd Ashraf of RakhiShilvath. During the search of their bags, Charas in the form of Cakes, weighing 550 gms were recovered from the bag carried by Tauqeer Ahmad Hajam and a quantity of 2 Kgs of the same substance was found within the hold of Jameel Ahmad Hajam. On questioning, they divulged that they had obtained the Charas through illegal means for sale to the customers and, therefore offences under Section 8/20/29 NDPS Act, were found to have been made out against them, as a sequel to which, a case bearing FIR No. 10/2018 was registered against them for the commission of the offences at police station Sumbal Bandipora, with which the investigation ensued.
"The samples of the Charas were taken. These were sent to J&K Forensic Science Laboratory, Srinagar, for examination and analysis. The statements of the witnesses conversant with the facts of the case were recorded and the site plan was also prepared. The accused were arrested," the prosecution said, adding, "On the completion of the investigation of the case, a charge sheet in terms of Section 173 Cr. PC was laid against the accused before the Court of the Principal Sessions Judge, Bandipora." |
