Srinagar: A Court here declined bail to two alleged drug peddlers, saying that the accused are doing illegal trafficking of the drugs and selling the same in small quantities so that they escape the clutches of the law.
Fozia Paul, City Magistrate Srinagar rejected bail pleas of Imran Hussain Khar and Muhammad Rafiq Sheikh both from Srinagar. The duo has been booked by police under Section 8/20, 29 of NDPS Act after a case (FIR No. 34/2023) was registered against them at Police Station Kothibagh.
Under Section 29 of NDPS Act Punishment for abetment and criminal conspiracy is rigorous imprisonment of 10 years which may extend to 20 years and a fine of one lakh rupees which may extend to two lakh rupees.
“Perusal of the CD file reveals that the applicants/accused persons have also been found involved under section 29 of the NDPS Act which amounts to abetment of offence or if a person is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, would be punishable with the punishment provided for the offence,” the court said.
Moreover, as per the police report, the court said, the accused through a proper plan were doing illegal trafficking of the drugs and selling the same in small quantities so that they could escape the clutches of the law. “And even if they are caught, they would be bailed out since the quantity of contraband would be small,” it said.
“This is an offence against the society and considering the involvement of the youth particularly the school/college students into substance abuse at such an alarming rate in our Union Territory, the application in hand needs to be rejected and therefore, is hereby rejected” the Court ordered.
With regard to the contention that the seized contraband (Charas) which weighted 80 grams only was a small quantity and therefore the court had jurisdiction with regard to grant of bail, the court said: “In recent years, our Union Territory has been facing problems of trafficking in illicit drugs which has caused a lot of problems of addiction particularly among youth”.
“The NDPS Act provides for deterrent punishment for drug trafficking offences,” it said. “NDPS Act is a special Act with regard to law relating to Narcotic Drugs and it has been enacted to make stringent provisions for the control and regulation of operations relating to Narcotic Drugs and Psychotropic Substances”
Meanwhile, the court rejected bail plea of one Faheem Ahmad Dar of Srinagar, who has been booked by Police under NDPS Act after case (FIR No. 45/2023) Was registered against him at Police Station Harwan. In the FIR, five persons were held as accused and all of them have been booked under section 8/20 of NDPS Act as well as under section 29 of NDPS Act.
Perusal of the CD file, the Court said, reveals that the total quantity of contraband (Charas) seized from the illegal possession the accused persons is 156 grams, which is an intermediate quantity “
“This court lacks jurisdiction to entertain the bail application in case of the quantity being intermediate one”, the Court said, adding, “moreover, the fact whether the accused has been wrongly implicated under section 29 of NDPS Act can only be ascertained by the Special Court”.
The Court rejected the bail of the accused as the quantity of contraband (Charas) being intermediate. “As such, the applicant is directed to approach the appropriate forum for the same,” it said, adding, “This Court has no jurisdiction”.
