Observing that courts cannot shut the eyes to the glaring reality of drug trade, the court of 4th Additional Sessions Judge Srinagar rejected bail application of a man accused in a drug peddling case.
After hearing additional public prosecutor and defence council, the court of Haq Nawaz Zargar said: “Courts cannot shut the eyes to the glaring reality of the drug trade. It may be lucrative for some selected persons but for a large section of population, it is creating havoc and is affecting the very basic of the orderly society.”
The court observed that a drug addict not only spoils his life but also that of his family, friend circle and the whole society. “The courts have therefore to be strict so far as the grant of bail is concerned. It is especially so when the contraband seized is of commercial quantity,” the court said.
It said that the courts owe a duty towards the society and have to play a role in the eradication of drug menace. “It is a matter of common knowledge that larger section of population especially youth are getting addicted. The menace of drug, if not checked at all levels by all the concerned, be it executive or judiciary, it may engulf the whole society,” the court said.
The court said the legislature has already kept a bar for grant of bail when the seized contraband is of commercial quantity. “Judiciary has to take into consideration and give effect to the legislative intent. The judiciary cannot subvert legislative intent,” the court said.
The court observed that in a murder case, the accused commits murder of 1 or 2 persons while persons dealing in narcotic drugs are instrumental in causing death or inflicting death blow to a number of innocent young victims.
“The accused in my view has not been able to make out a strong case for grant of bail. The bail application is therefore rejected,” the court said.
As per prosecution, the accused Mumtaz Ahmad JinJua of Uri was arrested by Batamaloo Police in July 2018 after allegedly finding brown sugar in his possession.