Srinagar: The High Court of Jammu and Kashmir on Tuesday turned down a bail plea of a cross-LoC (Line of Control) trader who has been charged with drug trafficking.
Justice Vinod Chatterji Koul while hearing the bail plea of Mohammad Tajamul Masoodi noted that an accused has the right to life and liberty but that right can be curtailed according to the procedure prescribed by law.
“It is necessary to take into account, firstly, whether the accused would take up the trial without hampering it, and secondly, whether he would subject himself to the verdict of the court,” the judge said.
It was recorded that it was the duty of the parties as well as of the court to see that at the stage of deciding bail application, the court is not dragged into minute details and in an area of conjectures or hypothesis.
Justice Koul said that from the perusal of the provisions of NDPS Act, it is clear that no person who is accused of an offence punishable under section 19, 24 or 27-A and also for offences involving commercial quantity of psychotropic substances shall be released on bail or on his own bond unless the public prosecutor had been given opportunity to oppose the application.
“The court is required to satisfy itself that it has reason to believe that the applicant is not guilty of such offence and that he is not likely to commit the offence while on bail,” the judge said.
It was recorded that the legislative mandate is required to be considered by the court while considering an application for bail under NDPS Act.
In the present case, the court recorded, there was recovery of 65 kg of contraband which is of commercial quantity.
It was noted that the allegation is that the applicant happens to be a partner of M/s Adab Trading Company and he is also dealing with the cross LOC trade.
The court while giving reference to the objections filed by respondents, recorded that it has been alleged that the applicant used to do cross LoC trade jointly with his nephew and assigned him the job of crossing of vehicles at TFC Salamabad, Uri, and himself used to dispose of the material reached to him from Pak/Pok at Srinagar, Delhi, Surat, etc., with the active participation of accused, namely Nayeem Rasool Bhat.
“Accordingly, at this stage the plea of the counsel for the applicant regarding the applicant not having conscious possession does not have force and it is turned down,” the court said.
Rejecting the application for bail, the court said, “It is clarified that any observation made herein above may not be construed as an expression on the merits of the case and is solely for the purpose of this bail application and shall not affect the trial.”