High Court Denies Bail to Accused in Narcotics Case

Jammu and Kashmir High Court upholds the NDPS Act's stringent provisions in denying bail to Ashraf Wagay, citing abscondence and commercial quantity possession.

In a significant ruling, the Jammu and Kashmir High Court has denied bail to Ashraf Wagay, charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of a commercial quantity of contraband. The court cited the rigorous provisions of Section 37 of the NDPS Act, emphasizing the absence of reasonable grounds to believe the accused is not guilty and the likelihood of him evading the judicial process.

The case involves the seizure of 1160 bottles of codeine phosphate, a prohibited narcotic substance, from a vehicle in which Wagay was travelling. The court noted that forensic analysis confirmed the presence of the narcotic substance, reinforcing the charges against the accused.

The court highlighted the accused's conduct, including prolonged abscondence, which contributed to the delay in trial proceedings. Despite arguments from the defense regarding procedural lapses and the right to a speedy trial under Article 21 of the Constitution, the court found that the delay was primarily attributable to the accused's actions.

The judgment underscored the NDPS Act's stringent requirements, noting that bail could only be granted if there were reasonable grounds to believe that the accused was not guilty and would not commit further offenses while on bail. The court found that these conditions were not met in Wagay's case.

While addressing the argument of delayed trial, the court maintained that the legislative embargo under Section 37 of the NDPS Act takes precedence, and the accused's responsibility for trial delays negates the claim for a speedy trial.

This ruling reaffirms the judiciary's commitment to strictly interpreting the NDPS Act, considering the serious societal implications of narcotics offenses. The decision is expected to serve as a precedent in similar cases where the accused is found with commercial quantities of narcotic substances.

Bottom Line:

NDPS Act - Bail application - Accused charged with possession of commercial quantity of contraband - Rigour of Section 37 of NDPS Act applies - Bail denied due to absence of reasonable grounds to believe that accused is not guilty and likelihood of evading judicial process demonstrated by prolonged abscondence.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37, Constitution of India, 1950 Article 21

Ashraf Wagay v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2817215