Early Times Report
JAMMU, Dec 12: Justice MA Chowdhary of Jammu & Kashmir and Ladakh High Court has declined to grant bail to Abdul Rashid, who is facing trial for allegedly transporting 101 kilograms of poppy straw, a commercial quantity under the NDPS Act.
The accused was arrested after a police team at Rakh Barotian intercepted a truck travelling from Jammu towards Punjab in October 2021. Upon checking, the police recovered eight concealed boxes of poppy straw hidden beneath layers of apple and pear cartons. The investigation further alleged involvement of two other individuals who reportedly facilitated the loading of the contraband.
Rashid's counsel argued that the recovery was doubtful and surrounded by procedural lapses, including alleged violations of Sections 52, 52-A, 55 and 57 of the NDPS Act. It was further submitted that the link evidence regarding safe custody of the contraband was unreliable, that the Malkhana Register was not produced, and that some prosecution witnesses had turned hostile.
Opposing the bail plea, the prosecution contended that the accused was involved in a heinous narcotics offence, that the quantity involved was commercial, and that the rigour of Section 37 of the NDPS Act strictly limits the grant of bail. It was submitted that 9 out of 12 prosecution witnesses have already been examined, all supporting the prosecution version, and that releasing the applicant at this stage could lead to tampering with evidence.
The Court held that the procedural deficiencies raised by the defence pertain to matters of trial and cannot form the basis for bail in a case involving commercial quantity. Justice Chowdhary relied on the Supreme Court's recent judgment in Union of India v. Vigin K. Varghese (2025), which reiterates that bail cannot be granted without satisfying the stringent twin conditions laid down under Section 37.
Observing that no reasonable grounds exist to believe that the accused is not guilty, and considering the advanced stage of trial, the Court dismissed the bail application.
—(JNF) |
