Early Times Report
JAMMU, Aug 1: Justice Rajesh Sekhri of Jammu Kashmir and Ladakh High Court at Jammu has rejected the bail plea of Arif Ahmed, accused of smuggling a massive consignment of 595 kilograms of poppy straw. The Court held that the gravity of the offence under the NDPS Act and the role of the accused in delaying the trial did not entitle him to bail.
Justice Rajesh Sekhri, while pronouncing the order, noted that although delay in trial is a valid ground for bail under Article 21 of the Constitution, the accused and his co-accused were equally responsible for the protracted proceedings. "Mere prolonged incarceration is not sufficient ground for bail when the accused himself contributes to the delay," the Court observed.
The case stems from a September 2021 incident, where police intercepted a truck at Mansar and recovered 26 plastic bags of poppy straw weighing approximately 595 kg. The vehicle was being driven by Arif Ahmed, and the consignment was allegedly intended for delivery in Punjab. The investigation also led to the arrest of co-accused Irfan Rasheed Rather and Shabbir Ahmed, and revealed consistent telephonic communication among them.
The applicant argued that the trial had seen minimal progress over 2½ years and that he was the sole breadwinner with no prior criminal record. However, the Court found that after the filing of the charge sheet in March 2022, the accused and his co-defendants delayed proceedings by repeatedly seeking adjournments, changing lawyers, and refusing to cooperate with the trial process.
Citing Supreme Court precedents, including Amit Kumar alias Bacha Rai and Kalyan Chandra Sarkar, the High Court emphasized that bail cannot be granted merely on the basis of custody duration in cases involving serious narcotics offences.
The application was thus dismissed, but the Court directed the trial court to expedite the matter by holding regular sessions for witness examination. —(JNF) |
