OBSERVER BUREAU
SRINAGAR, MAR 31
1st Additional Sessions Judge Jammu MA Chowdhary rejected the bail application of Mohd. Amin S/O Ali Mohd. Bhat R/O Kanal Tehsil Bijbehara District Anantnag and Mohd. Sultan S/O Abdul Rehman R/O Karandigam Tehsil Bijbehara District Anantnag who was allegedly involved in Charas Smuggling case. While rejecting the bail application Court after hearing APP Ajay Singh Manhas appearing for the state whereas Sr. Adv MA Goni with Adv Mumtza Choudhary appearing for the accused observed that accused have been arrested in a case in which large quantity of 15 Kg of cannabis was recovered from five accused including applicants while transporting the same in three vehicles, two with J&K Numbers and one with Maharashtra Number after midnight on 29.08.2016 within the jurisdiction of Police Station Bahu Fort. Given to the names of the persons arrayed as accused and registration nos. of the vehicle, it appears that they had been operating in inter state racket of Narcotic Mafia. The two witnesses, out of twelve cited, have been examined in the case and on the basis of their testimonies, the bail has been sought that those two independent witnesses to the search, seizure and recovery have turned hostile. Merely, turning hostile of two witnesses at the very thrash hold of the trial shall not mean that there is sufficient material before this court to record satisfaction that the accused/applicants are not involved in the commission of offences of which they have been charged , rather it strengthens the apprehension of the prosecution that the accused may tamper with prosecution evidence in case of release, to frustrate the prosecution case.
The fetters of Section 37 of NDPS Act being applicable in case of commercial quantity of the seized narcotics, it is required for the court besides providing an opportunity of opposing the bail by the prosecution, to record satisfaction before granting bail that the accused /applicants have not committed the offence. In view of the facts & circumstances of the case, no such satisfaction can be recorded by this court at this stage. With these observations court rejected the bail application.
