| HC slams delay, grants bail in NDPS case | | | Early Times Report
JAMMU, Oct 13: In a significant order, the High Court of Jammu & Kashmir and Ladakh has granted bail to Mehmood Zahid (23) of Watnar, Kokernag, Anantnag, arrested in 2021 in a narcotics case involving recovery of over 3.4 kg of charas.
Justice Sanjay Parihar, while pronouncing the order, noted that Zahid had already spent nearly four years in jail as an under-trial, with only seven of 22 prosecution witnesses examined so far. The Court observed that the right to speedy trial under Article 21 of the Constitution could not be brushed aside and slammed the continuing delay in disposal of NDPS cases.
The prosecution alleged Zahid and his co-accused transported charas from Srinagar to Jammu, where it was recovered from beneath the driver's seat of a Maruti Ignis. The Court, however, held that there was no direct evidence to establish Zahid's conscious possession, particularly when he was seated in the rear seat at the time of recovery.
Invoking the principle of parity, the bench noted that co-accused Azher Din and Bunny Gupta had already been released on bail. "Denial of similar relief to the petitioner would amount to discriminatory treatment," the Court said.
Zahid was represented by Advocate Priyanshu Sharma, while the Union Territory was represented by Dy. Advocate General Pawan Dev Singh.
The Court ordered Zahid's release on bail subject to furnishing two sureties of ?1 lakh each and a personal bond of the same amount, with liberty to the trial court to impose further conditions.
The matter is pending before the Special Judge (NDPS Cases), Jammu, where more than 2,000 cases are reportedly awaiting disposal. (JNF) |
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