Early Times Report
JAMMU, Oct 27: Justice Rajesh Sekhri of Jammu & Kashmir and Ladakh High Court at Jammu has rejected the bail plea of Liaqyat Ali alias Lucky, a Punjab resident, who was arrested last year in Samba district after police claimed to have recovered nearly 589 grams of heroin (chitta) from his possession.
Appearing for the applicant, Mr. M.A. Goni, Senior Advocate with Mr. S. Tanzeel Illahi, Advocate, argued that Ali was merely a passenger in the Bolero vehicle intercepted at Rajpura and that the real offender, the driver, had fled from the spot. Counsel also highlighted discrepancies in the registration number of the seized vehicle and questioned the validity of the recovery memo.
Opposing the plea, Mr. Vishal Bharti, Deputy Advocate General, representing the Union Territory, stressed the seriousness of the charge and the statutory bar under Section 37 of the NDPS Act, which limits the court's discretion in granting bail in narcotics cases.
The Court observed that while the right to speedy trial and presumption of innocence are important, they cannot override the gravity of NDPS offences. Citing Supreme Court precedents, Justice Sekhri said prolonged incarceration by itself does not entitle an accused to bail when the offence is serious and carries severe penalties.
Noting that both the defence and prosecution contributed to delays in trial, the Court concluded that no grounds existed to relax the statutory bar. The application was accordingly dismissed, with the judge clarifying that nothing in the order should be read as an expression of opinion on the merits of the trial.
The case stems from FIR No. 109/2023 registered at Ghagwal Police Station, Samba, after a police-NDPS team intercepted a Bolero near Rajpura on November 25, 2023, and allegedly seized heroin intended for sale in Samba and adjoining areas.
(JNF) |
