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| Court rejects bail of alleged drug supplier | | | Early Times Report
JAMMU, July 13: The Special Judge (NDPS Cases), Jammu, has rejected the bail application of Showkat Ali Shah, an alleged supplier in a case involving the recovery of 2.570 kilograms of charas.
Special Judge Parvaiz Iqbal passed the order in the case titled NCB versus Shahjahan Haroon and Others, registered under Sections 8, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act.
According to the Narcotics Control Bureau, the contraband was recovered on October 26, 2024, from Shahjahan Mohammad Haroon Siddiqui and Sakila Samad Shaikh while they were travelling in a passenger taxi on National Highway-44 near the Forest Protection Force headquarters in Jammu.
The NCB alleged that the seized charas had been supplied by Showkat Ali Shah and was meant to be delivered to another accused in Mumbai. The agency claimed that call-detail records, WhatsApp chats and calls connected the applicant with the co-accused and the alleged interstate drug-trafficking network.
The prosecution further alleged that more than 100 WhatsApp messages had been exchanged between the applicant and the co-accused during the relevant period.
Seeking bail, the applicant argued that no contraband, mobile phone or SIM card had been recovered from his possession. He contended that he had been implicated mainly on the basis of statements allegedly made by the co-accused under Section 67 of the NDPS Act.
Special Public Prosecutor Ajay Singh Manhas opposed the plea, arguing that the recovery involved commercial quantity and that the stringent conditions prescribed under Section 37 of the NDPS Act had not been satisfied.
The court observed that the prosecution case was not based solely on the statements of the co-accused, as call records, WhatsApp communications and other circumstances had also been relied upon to establish the applicant's alleged role.
It held that an accused allegedly operating behind the scenes as a supplier or conspirator cannot claim bail merely because no narcotic substance was recovered from his personal possession.
The court further observed that a conspirator or abettor under Section 29 of the NDPS Act stands on the same footing as the person from whose conscious possession the contraband is recovered.
Noting that the applicant was also facing trial in another NCB case involving the alleged supply of 1.330 kg of charas, the court said the circumstance was relevant while assessing the possibility of reoffending.
Finding that the applicant had failed to satisfy the twin conditions under Section 37 of the NDPS Act, the court dismissed the bail application as devoid of merit.
The judge clarified that the observations made in the order were tentative and would not affect the merits of the main trial.
(JNF) |
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