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| Court rejects bail plea of 2 booked under NDPS Act | | |
Early Times Report
Jammu, Dec 7: Additional Sessions Judge Doda Amarjeet Singh Langeh has rejected the bail applications of Shadab Ishaq and Farooq Ahmed involved in narcotics case.
According to police case that on 26.11.2022, a vehicle (Wagon R) bearing Registration No. JK06A/3499 which was coming from a place called Barath towards Doda city, --- was signalled to stop but its driver (petitioner No. 1) tried to flee and said vehicle however was subsequently taken control of by Naka Police and petitioner No. 1 who was allegedly driving vehicle in question was subjected to search along with petitioner No. 2 who was allegedly boarding aforesaid vehicle along with petitioner No. 1.
It is alleged that during search 5.2 grams of contraband namely Heroine was recovered from petitioner No. 1 while as 1.4 grams of Heroin was allegedly recovered from possession of petitioner No. 2. Based on this occurrence, ultimately F.I.R No. 249/2022 for offences under sections 8/21/22 of NDPS Act was registered and investigation began. Petitioners are said to have been arrested on 26.11.2022.
Additional Sessions Judge Doda Amarjeet Singh Langeh while rejecting the bail applications of both, observed that the two petitioners were allegedly travelling in a vehicle from Barath towards Doda city on day of occurrence. Where from the two petitioners obtained contraband in question and where was the destination for the same to be delivered/sold, is a circumstance which is still under investigation.
Similarly, had the two petitioners designedly apportioned the quantity of contraband and kept the same in their pockets to circumvent the provisions of NDPS Act, is yet another circumstance which is under laser focus of Investigating Agency.
The contraband recovered from petitioner No. 1 falls in intermediate quantity. The total quantity of contraband recovered from the possession of both the petitioners comes to 6.6 grams. Again it is in the category of intermediate quantity. Whether the two petitioners were travelling in vehicle in question incidentally or designedly by way of conspiracy to peddle contraband in question, is also being investigated by Investigating Agency. Investigation as such is at initial stage. It is required to be noted that even though rigors of Section 37 of NDPS Act are not attracted in the case in hand, yet limitations provided for grant of bail in heinous and non-bail able offences indeed are squarely attracted in the case in hand.
The offences involved in the case in hand are grave and serious in nature and grant of bail to petitioners at this stage when investigation is at initial stage would send very wrong signal to society at large. It is also required to be noted that offences involved in the FIR in question are punishable with rigorous imprisonment for term upto ten years. |
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