Early Times Report
JAMMU, May 13: The High Court of Jammu & Kashmir and Ladakh has granted bail to Rameez Ahmed, a resident of Ramgal, Tehsil Uri in Baramulla district, in an NDPS case involving alleged recovery of 3 kilograms of heroin, holding that an accused cannot be kept in custody indefinitely when the trial is moving at a slow pace.
Justice Rajesh Sekhri, while deciding Bail App No. 263/2025 along with CRM(M) No. 305/2024, held that the petitioner was entitled to bail on the ground of prolonged incarceration and procrastinated trial, though his plea for quashing of charge on the ground of alleged violation of Section 52-A of the NDPS Act was rejected.
The petitioner was represented by Mr. M. A. Bhat, Advocate, with Mr. Toquir Mustfa, Advocate, while the Union of India through Narcotics Control Bureau was represented by Mr. Vishal Sharma, DSGI, with Mr. Karan Sharma, CGSC.
As per the prosecution case, the Intelligence Officer of the Narcotics Control Bureau received source information on March 31, 2023, that the petitioner was allegedly carrying a huge quantity of heroin in a Maruti Celerio car bearing registration No. JK05E-1165 from Banatalab, Jammu towards Punjab. The NCB team intercepted the vehicle near Barnai Morh on Akhnoor Highway and allegedly recovered a jute bag from the front passenger seat containing three transparent packets of white-coloured substance, which tested positive for heroin.
The petitioner had challenged the order dated 09.02.2024 passed by the 1st Additional Sessions Judge, Jammu, whereby he was charged for offences under Sections 8/21/27-A/29 and 60 of the NDPS Act. He also sought bail after his earlier bail plea had been rejected by the trial court, mainly on the ground of the rigour of Section 37 of the NDPS Act.
Rejecting the challenge to the charge, the High Court noted that the investigating agency had produced the petitioner along with the case property before the Principal Sessions Judge, Jammu, and extracted six representative samples. The Court further recorded that three additional samples were drawn pursuant to the order of the Additional Sessions Judge, Jammu, and the inventory was certified by the Magistrate before destruction of the contraband.
-The Court found the petitioner's argument legally flawed that destruction of the entire seized material left nothing to prove recovery as primary evidence. Relying on the Supreme Court's judgment in Bharat Aambale, the Court held that if other oral or documentary evidence inspires confidence and satisfies the Court regarding recovery and conscious possession of contraband, the Court can proceed even despite a procedural defect under Section 52-A. The Court further held that mere non-compliance with Section 52-A or related standing orders/rules will not by itself vitiate the trial unless there are other discrepancies in the physical evidence making the prosecution case doubtful.
Accordingly, the High Court dismissed the petition seeking quashing of charge, holding that the challenge based solely on alleged violation of Section 52-A of the NDPS Act was devoid of merit.
The Court also recorded that the prosecution had examined only seven out of ten witnesses, and completion of the remaining evidence and trial was likely to take considerable time.
The High Court observed that the prosecution could not be allowed to invoke the rigour of Section 37 of the NDPS Act endlessly so as to dilute the petitioner's fundamental right to speedy trial.
Holding that the petitioner was entitled to bail due to prolonged incarceration and slow progress of trial, the Court directed his release on furnishing a solvent surety bond of Rs. 1 lakh before the trial court and a personal bond before the Superintendent of the concerned jail.
The Court imposed conditions that the petitioner shall not jump bail, shall not tamper with prosecution evidence, shall not leave the territorial jurisdiction of the Union Territory of J&K without prior permission, shall not threaten or coerce prosecution witnesses, and shall appear before the trial court on each date of hearing.
(JNF) |
