Srinagar: A Sessions Court here has dismissed the bail plea of a drug peddler from Uttar Pradesh, apprehended near Radio Kashmir one month ago by the police.
The accused (Rohit Kumar S/o Durash Chandra R/o Hardhoya Amethi, Utter Pradesh) is involved in a serious and heinous offence and the investigation is yet to be completed and prima facie involvement of the accused in the alleged crime has been made out, observed Ajay Kumar Gupta the 1st Additional Judge Srinagar.
The judge held that there is every apprehension that the accused will tamper the evidence if released on bail at this stage.
“Thus, if in such type of offences the accused is granted bail, it will certainly affect the larger interest of public. The general public will lose its faith in criminal justice system. Such type of accused is not entitled to the discretionary jurisdiction of the court for granting the bail”, he said.
As per prosecution, the police during naka checking at Radio Kashmir crossing Srinagar found a suspicious person on 4th of February 2022. Upon noticing the Naka party, the doubtful man tried to conceal his presence and attempted to flee away from the spot.
However, he was tactfully apprehended and a plastic bag was recovered from him carrying poppy-straw in it, the prosecution said, adding, on preliminary investigation the person disclosed his name as Rohit Kumar son of DurashChander of Amethi Hardui UP.
Subsequently, a case FIR under section 8/15 NDPS was registered and further investigation set into motion.
“Actually, the person was involved in drug trafficking, would illegally procure the drugs, smuggle the same outside the state and sellthe same for huge prices”, read the investigation report of the police.
“During the course of investigation, weight of contraband material i.e., (Poppy-straw) was conducted in presence of witnesses, weighing 8 KG 600 Grams,” read the report.
The accused is currently lodged at central jail Srinagar.
“As per the police report, the applicant-accused has been found liable for commission of offence under section 18/15 of NDPS Act, which carries a maximum punishment of 10 years,”.
Adjudicating the matter, the Sessions Court said “no doubt the alleged offence is not punishable with death sentence or with imprisonment for life and, therefore, the embargo laid in section 437 for grant of bail is not attracted in the present case yet bail cannot be granted on that solitary ground.”
Keeping in view the facts and circumstances of the case at this stage, the court said that it has been prima facie established by the Prosecution that the accused is involved in a serious and heinous offence having severe punishment.
“The offence committed by the accused has great effect upon the society at large as menace of drugs has assumed alarming dimension and has severely affected the younger generation,” the court said, adding, “if the accused persons will be granted bail at this stage it will certainly erode the confidence of general public in criminal justice system.”
Subsequently, the court rejected the bail plea of the accused.
