HC dismisses plea of accused drug peddler

HC dismisses plea of accused drug peddler
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Srinagar: The High Court Monday dismissed bail plea of an alleged drug peddler with the remarks that “perpetrators of such crime deserve no mercy”.
Justice Sanjeev Kumar while dismissing bail application of Riyaz Ahmed Baba said, “The menace of drug abuse has already destroyed the lives of several innocent youth.”
“If the accused of such offences are let-off easily by granting them the concession of bail, the same would have adverse and deleterious impact on the society. Perpetrators of such crimes deserve no mercy,” the court added.
According to the prosecution Police Station Sumbal apprehended two persons on 18 August 2015.
Twenty bottles of Rancof and 400gm charas were recovered from one of the apprehended Ghulam Hassan Teli and two bottles of Rancof, three bottles of Rancodex and two bottles of Kofedol were recovered from Baba.
After completion of the investigation, police filed charge sheet against Baba and Teli for the commission of offences under Section 8/20 and 21 NDPS Act.
Baba claimed that he had been falsely implicated in the case and moved the Court of Principal Sessions Judge, Bandipora who on 24 September 2015 granted him interim bail which was later on made absolute by subsequent order passed on 29 October 2015.
The trial court later framed the charges and the prosecution examined a couple of witnesses. Riyaz said that while he was attending the court regularly, the trial court on 19 September 2017 ordered police to take him into custody to be lodged in District Jail, Baramulla.
Riyaz moved an application before the trial court for bail but was rejected on November 3. He again petitioned the high court against rejection of the bail by the trial court.
After considering the submissions for the parties, a bench of Justice Sanjeev Kumar said, “that it was true that during investigation Riyaz was admitted to bail on the plea that the contraband items allegedly recovered from him was of small quantity. However, after concluding the investigation police also added Section 29 NDPS Act and accordingly Riyaz Baba was charge-sheeted for commission of offences under Section 8/20, 8/21 read with Section 29 NDPS Act.”
“With the addition of Section 29 NDPS Act, Riyaz along with Teli was deemed to have committed offences, as the contraband item was found of commercial quantity.”
Justice Kumar said, “There was nothing wrong with the order of the trial court sending him to custody and thereafter refusing his application for bail. There is a serious charge against him of possession of contraband item of commercial quantity; therefore, keeping in view the law as provided under Section 37 of the NDPS Act, Riyaz, at this stage, does not deserve concession of bail.”