Srinagar, Aug 13 (GNS): Observing that it cannot allow the benefit of the order which “prima facie is passed by abuse of process of law,” Jammu and Kashmir high court on Thursday ordered arrest of a person from Bandipora accused of drug trafficking.
“This Criminal Revision is arising out of the order dated 25th July, 2020, passed by the Principal Sessions Judge Bandipora whereby the interim bail granted in favour of accused Khurshid Ahmad Wani son of Ghulam Mohammad Wani of Shilvath Sumbal, District Bandipora, has been cancelled by forfeiting the bail and surety bonds of the accused for having violated the terms and conditions of the interim bail order dated June 30,” a bench of Justice Ali Mohammad Magrey observed.
Wani had setting aside of the order and extension of the interim bail granted to him on June 30.
He has been granted bail in case (FIR no. 03/2020) for the commission of offences punishable in terms of sections 8/21, 22 of the Narcotic and Psychotropic Substances Act on the ground that his wife had to undergo a surgery and there was no one to make arrangements for the same.
“Prima facie it appears that the trial court has granted the interim bail in favour of the accused and later on withdrew the same and issued the non-bailable warrant of arrest against the accused required to be executed by the SHO of Police Station concerned with further direction to produce the accused/ petitioner before the court,” the court observed, adding, “Prima-facie the court is of the view that the interim bail granted in favour of the accused was not in tune with the principles of law, rather the same has caused the miscarriage of justice.”
The accused, the court said, has failed to obtain the regular bail as he could not come out of the bar envisaged under section 3 (i) (b) (ii) of the NDPS Act.
“The court cannot allow the benefit of the order which prima facie is passed by abuse of process of law. Therefore, Senior Superintendent of Police, Bandipora, is directed to arrest the accused namely Khurshid Ahmad Wani S/o Ghulam Mohammad Wani R/o Shilvath, Sumbal, Bandipora, who is involved in case FIR no. 3/2020 under sections 8/21, 22 of the NDPC Act, to be lodged in the Central Jail, Srinagar,” the court ordered, adding, “Superintendent of the Central Jail, Srinagar, shall receive the accused after following all the SOPs issued by the Government from time to time for ensuring containment of the Covid-19 spread.”
The court, according to GNS, also asked Advocate General to take note of the orders passed by the trial court in cases of heinous offences like Drug trafficking to ensure strength in furthering the cause of Criminal Justice System. (GNS)