Srinagar: Reiterating the need for strictness on drug abuse, a Session’s court here on Monday rejected the bail application of a man allegedly found in possession of 17 bottles of cough syrup containing codeine phosphate in Batamaloo Srinagar four months ago.
The court of 2nd Additional Sessions Judge Srinagar Mohammad Ashraf Bhat rejected the plea of the accused Azhar Javaid Rather, son of Javaid Ahmad Rather of Athwajan Srinagar, observing “the same is hit by the Section 37 of the Narcotic Drugs and Psychotropic Substance Act”.
He said the police report in the case shows that 17 bottles of Jetcoff (containing codeine phosphate) 100 ml each has been recovered from the accused. Whole of the mixture is to be considered and not the contents of pure drug.
The judge noted that admittedly there is no permission or license in favor of the accused so as to justify his possession with regard to the contraband allegedly recovered from him.
As per prosecution, the accused was arrested by a joint naka of J&K Police and personnel of 14 battalion ITBP at Merakshah Stand Batamaloo. He was found in possession of 17 bottles of Jetcoff (and could not give any plausible justification regarding its possession.
“He actually was going to sell the drug among the youths and thereby involve them in the menace of drug addiction,” the prosecution said.
Subsequently, a case (FIR No.79/2022) for offences under Section 8/21 of NDPS Act was registered and investigation started.
In his application for bail, Azhar through his uncle submitted that the accusations of the police are perverted, fallacious, concocted and imaginary. “The same is reflected by the fact that the police authorities always have the same story to tell in all the NDPS cases,” he said.
On the other hand, the lawyer representing the government resisted the bail application on the grounds that the police report suggests, in clear terms, about the involvement of the accused in the case.
He said that the offence in which the accused is involved is grave and serious in nature, as such he is not entitled to the concession of bail.
“Seventeen bottles of Jetcoff were recovered from the possession of the accused which falls within the purview of commercial quantity and carries imprisonment which may extend to 20 years and fine of Rs 2 lacs.
“The accused is involved in the trade of selling the drugs to youth which is definitely a matter of concern,” argued the state counsel and strongly sought rejection of the bail.
After hearing both the parties, the Sessions Judge Bhat said the case is still at the initial stage of investigation and the charge-sheet is yet to be presented before the court of law. “Therefore, the present application moved for grant of bail to the accused is found to be misconceived, premature and devoid of any merit, and the same is accordingly rejected.”
The judge also referred to the High Court judgment which underlined the need for a strict “hard on crime” attitude against the instances of drug abuse and urged the subordinate courts to have “due regard to the harmful socio-economic consequences” while dealing with such matters.
