HC directs SSP B’pora to arrest Sumbal drug peddler

J&K High Court on Thursday directed Senior Superintendent of Police (SSP) Bandipora to arrest a man accused of drug trafficking, while observing that the interim bail granted to him by a trial court was in “abuse of process of law”.

Observing that it cannot allow the benefit of the order which prima facie was passed by “abuse of process of law”, a bench of Justice Ali Muhammad Magrey directed the SSP to arrest Khurshid Ahmad Wani of Shilvath, Sumbal, Bandipora and lodge him in Cetrial Jail Srinagar.

   

The Court said Superintendent of the Central Jail, Srinagar shall receive the accused after following all the SOPs issued by the government for ensuring containment of the COVID19 spread.

While Wani was booked under Narcotic and Psychotropic Substances (NDPS) Act and Principal Sessions Court Bandipora granted him short term bail on June 30 this year in the FIR filed against him. The trial court cancelled the same on July 25 by forfeiting the bail and surety bonds of the accused for having “violated the terms and conditions of the interim bail”.

Wani was granted the bail the ground that his wife had to undergo a surgery and there was no one to make arrangements for the same.

Aggrieved over the cancellation the bail order, Wani filed criminal revision before the Court seeking to set aside the order cancelling his interim bail.

The Court observed that prima facie and apparently the trial court had withdrew the interim bail and issued non-bailable warrant of arrest against him. The SHO of police station concerned by executing the warrant had to produce the accused before the court.

The Bench observed that it was prima facie of the view that the interim bail granted to the accused was not in tune with the principles of law, saying the same has rather caused the “miscarriage of justice”.

“Given the circumstances surrounding the case, this Court feels it extremely urgent to take the revision to its logical conclusion to see as to whether the accused could be granted bail in an offence which is not only heinous but for which the legislation has put a complete bar,” the Court said and listed the case for hearing on August 17. Meanwhile, the Court also issued notice to Advocate General.

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