Srinagar: A court here on Monday rejected bail plea of two accused arrested with nearly five kilograms of charas (contraband) by police in outskirts of Srinagar recently.
As per prosecution, during a ‘naka’ at Shalteng Mode near Parimpora, a police party noticed movement of two persons who on seeing it tried to flee from the spot. The duo was chased and caught and disclosed identity as Fayaz Ahmad Kalo of Narabal Nani and Farooq Ahmad Bhat of Singpora Pattan.
“On search of Kalo, police recovered 2 kg 100 gm of charas and nine small round balls of charas weighing 450 gms,” the prosecution said, adding, “Simultaneously, charas weighing 2kg and 150gms was recovered from Bhat.”
Subsequently, an FIR (15/2014) under section 8/20 Narcotic Drugs and Psychotropic Substances (NDPS) Act was registered with police station Parimpora.
Through their counsel, the duo filed an application for bail before the court of 1st Additional Sessions Judge Srinagar Subash C Gupta, claiming to be innocent and “falsely implicated.”
In his objections, Additional Public Prosecutor Mohammad Yousuf Dar resisted the bail stating that the offense committed by the duo is serious, non-bailable and “against the society at large.”
“They are involved in the commission of offence under the provisions of NDPS Act. Rigor of section 37 of NDPS Act creates a bar in grant of bail to the (duo) as charas recovered from them falls under the category of ‘Commercial Quantity,” he said.
After hearing both sides, the court refused bail to accused, ruling that they are not entitled to it.
“Offences under NDPS Act are serious and grave in nature. Those are against the society at large. Younger generation is spoiled by the drug traffickers as they spread their tentacles throughout the world,” the court said, adding, “it is not difficult but impossible to break the nexus among different stakeholders involved in the crime of narcotic drugs and psychotropic substances. All the state functionaries including judiciary has to rise up to curb this menace with iron hand.”