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| Court reject bail of drug peddler | | | Early Times Report
Jammu, Apr 12: Additonal sessions Judge Kathua Kamlesh Pandita rejected the bail application of drug peddler.
The instant bail application has been moved by the accused through his counsel on the grounds that he has been falsely implicated in the case under FIR no. 12/2020 for commission of offences under sections 8/21/22 of NDPS Act and that the challan is pending before this court for prosecution witnesses. It has been further averred that accused/applicant herein is in police custody since 11-02-2020 for possession of 30 bottles of PHENERIX of 100ml. It has been further pleaded that earlier bail application of the accused/applicant herein was dismissed by this court on 18-08-2020 and in the main challan six witnesses have been examined out of 10 prosecution witnesses and there is no evidence against the accused person so far therefore accused person be admitted to bail as the rigor of section 37 is not applicable in the case. Objections to this petition have been filed by the prosecution in which strong exception has been taken to the present bail application by pleading that the accused is involved in very heinous and serious offfence for the possession of 30 bottles Phenerex(Codeine Phosphate syrup)100/100ml while he along with other co-accused were travelling in car no. DL1CAB-9450 and are involved in commercial quantity of the narcotic substance. It has been further pleaded that accused person does not deserve bail in view of rigor of section 37 of NDPS Act.
Additonal sessions Judge Kathua Kamlesh Pandita after hearing both the sides observed that court is conscious about the precious right to liberty of the accused person, but at the same time the action of the accused person is also to be taken into consideration while balancing between individual interest and the public interest. The illegal trafficking and trade in Narcotic Drugs and Psychotropic substances has posed potential threat to the whole society as it is eating the very vitals of the society and the menace of traffickers is spreading its tentacles to every nook and corner of the U.T of Jammu & Kashmir which cannot be ignored when the recovery of contraband is commercial one. Also the material on record does not support the accused persons amidst section 37(1)(b)(ii) NDPS Act. The drug traffickers like accused person are spreading the addiction of Narcotics & Psychotrpic substances among the human race especially youth section of society making them slaves of the same, who when become addicts not only spoil their lives but also ruin the lives of their family members. Therefore, the release of such accused person at this stage will not meet the ends of justice. With these observations Court rejected the bail application of Nusaib Fayaz. (JNF) |
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