Srinagar: The J&K High Court on Thursday directed Senior Superintendent of Police (SSP) Bandipora to arrest a drug peddler immediately after a trial court at Bandipora had admitted the accused on an interim bail following a medical complications of his wife.
The accused Khurshid Ahmad Wani was granted short term bail by trial court in case FIR no. 03/2020 for the commission of offences punishable in terms of sections 8/21, 22 of the Narcotic and Psychotropic Substances Act, for short NDPS Act, on the ground that his wife had to undergo a surgery and there was no one to make arrangements for the said surgery of the wife of the accused.
The Court of Justice Ali Mohammad Magrey while hearing the case said that prima facie it appears that the trial court has granted the interim bail in favour of the accused and later on withdrew the same and issued the non-bailable warrant of arrest against the accused required to be executed by the SHO of the Police Station concerned with further direction to produce the accused before the court.
“The court is of the view that the interim bail granted in favour of the accused was not in tune with the principles of law, rather the same has caused the miscarriage of justice. Accused has failed to obtain the regular bail as he could not come out of the bar envisaged under section 3 (i) (b) (ii) of the NDPS Act,” Justice Magrey noted.
The court said that 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 ban.
The court issued notice while remarking that it cannot allow the benefit of the order which prima facie is passed by abuse of process of law.
Justice Magrey directed the Senior Superintendent of Police, Bandipora to arrest the accused and sent him to Central Jail, Srinagar.
“Superintendent of the Central Jail, Srinagar, shall receive the accused after following all the SOPs issued by the government from time to time for ensuring containment of the Covid-19 spread,” the court directed.
The court also requested the Advocate General to take note of the orders passed by the trial court in cases of heinous offences like Drug trafficking to ensure strength in furthering the cause of the Criminal Justice System.