STATE TIMES NEWS
JAMMU: Court of 3rd Additional Sessions Judge, Jammu (Special Judge under section 22 NIA Act) Ashwani Kumar Sharma on Saturday rejected bail application of a drug peddler namely Fayaz Ahmed Dar, son of Abdul Salam, resident of Subhanpora, Tehsil Bijbehara, Anantnag, under trial in FIR No. 38/2019 registered under sections 8/21/22/25/27-A/29 of NDPS Act and 201 of RPC at Police Station City, Jammu.
As per the case of prosecution, the accused along with one Arshad Ahmed Allaie, on May 27, 2019, traveling in a Creta car without registration number, were stopped by a police party from Police Post Hari Market at Vivekananda Chowk Jammu. On checking heroin weighing 260 gm and more than Rs 12 lakh in cash was recovered from their possession, after which they were arrested. During further investigation, another accused Mohd Altaf was also arrested on June 21, 2019 on whose disclosure 12 Kg and 420 gm heroin was recovered. It was also revealed that accused Mohd Altaf was receiving narcotics from across the border and supplying the same to accused Arshad Ahmed Allaie and Fayaz Ahmed Dar, on directions of one Shahid, the financial head of HM in Pakistan.
After hearing Adv Arif Javaid Khan for the applicant and Anil Mangotra, APP, the court observed that on bare perusal of main file, it transpires that applicant is involved offence under sections 8/21/22/25/27 A/29 of NDPS Act and 13/16/17/21 of UA(P) Act, 1967 and it appears from the order dated April 8, 2022 that applicant has been-charge sheeted for the commission of offence under sections 8/22/29 NDPS Act but has been discharged for commission of offence under sections 13/17/18/21/39/40 of UA(P) Act. “NDPS Act is special legislation enacted by the parliament aimed at curbing the ever increasing menace of drug trafficking which if not checked has the potential of destroying the public health. Such persons are hazards to the society and even if they will be released on bail, they are likely to continue to their nefarious activities of dealing in drug trafficking. If such like persons are to be enlarged on bail harmful, socio economic consequences shall follow which would impact the entire nation. If the accused would be enlarged on bail in such cases there are chances of winning over/ tampering over the witnesses of the prosecution. Taking into consideration the larger interest of State and recovery of commercial quantity of the heroin, the application is hereby rejected,” the Court observed.
