Court of Principal District and sessions judge Kupwara (Special court NDPS) rejected the bail application of a drug peddler who was arrested by Tangdaar police along with contraband (heroin) weighing 5 kgs in September 2020.
Counsel for the accused Waqar Badana of Amrohi Karnah had sought bail on the ground that the accused was “innocent” while contesting that there was no prima facie evidence on record which could prove the involvement of the accused in the crime.
The counsel said the investigation of the case is complete for which the charge sheet has been presented, as such there is no need to keep the accused under custody.
However, APP Dar Rashid strongly objected that plea of the accused for his enlargement on bail is premature as four prime prosecution witnesses out of 16 enlisted PWs are yet to be recorded during trial, and the charges levelled against the accused are heinous and anti-social in nature.
Rashid, during the course of the arguments, said that menace of drug trafficking has risen at an alarming rate across the country and particularly in J-K’s Kupwara.
“The problem of narco-terrorism is a challenging one and Kupwara has become a transit point for the trade and transportation of drugs which will cost us our future generations,” he said.
He further submitted that evidence produced by the prosecution to date in the court has established beyond any doubt involvement of the accused in the commission of the crime, and the recovery of narcotics has also been successfully proved during trial.
Khem Raj Sharma PDJ Kupwara following the argument ordered that the charge against the accused was framed when the prosecution succeeded in establishing that a prima facie case is made out against the accused under section 8/21 of NDPS Act as such granting bail in the instant case would defeat the object of the NDPS Act.
Court reiterated the judgment of the High Court of Allahabad where it has been held that “in matters under NDPS Act since the reverse onus is placed on the accused in view of Section 37 (1) (b), no liberal view can be taken”.
“The prayer for the grant of bail is accordingly dismissed as misconceived,” the court ordered in the instant case.
Badana was arrested as per official records on 21 September 2020 by a police party along with 5 kgs of heroin like substance at Pingla Haridal in the Karnah area of Kupwara district. Accordingly, FIR was lodged at police station Tangdaar U/S 8/21 of the NDPS Act.
