Jammu, Jan 31: The High Court of Jammu and Kashmir and Ladakh has refused to grant anticipatory bail to an accused in a major narcotics smuggling case involving the recovery of 445 kilograms of poppy straw, observing that pre-arrest bail cannot be allowed in cases of commercial quantity unless strict legal conditions are met.
A Single Bench of Justice Rajnesh Oswal held that once the rigours of Section 37 of the NDPS Act come into play, the court must be satisfied that there are reasonable grounds to believe that the accused is not guilty of the offence and is not likely to commit any offence while on bail, as per news agency Kashmir News Corner — KNC.
“In the absence of such satisfaction, grant of anticipatory bail is legally impermissible,” the court observed.
The court was hearing a pre-arrest bail plea arising out of an FIR registered at Police Station Anti Narcotic Task Force (ANTF), Jammu, related to the interception of a mini oil tanker on October 11, 2023, which was found carrying 445 kg of poppy straw.
As per the investigation placed before the court, the case points towards a well-organised inter-State drug trafficking racket involving accused persons from Jammu and Kashmir and Punjab.
The probe has also revealed alleged vehicle tampering, use of forged registration documents and financial transactions linked to the proceeds of narcotics.
The petitioner was represented by Advocate Asif Wani, while the Union Territory of J&K was represented by Deputy Advocate General Pawan Dev Singh.
The private respondent and former Investigating Officer was represented by Senior Advocate Aseem Sawhney, assisted by Advocate Khushboo Sharma. (KNC)
