Justice Ali Mohammad Magrey while hearing a petition, 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.
This significant order has been passed in a petition filed by Khurshid Ahmad Wani challenging the order dated 25th July, 2020, for short impugned order, passed by the Principal Sessions Judge, Bandipora, for short trial court, in a case titled State versus Showkat Ahmad Parray and others, whereby the interim bail granted in favour of accused Khurshid Ahmad Wani S/o Ghulam Mohammad Wani R/o 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 30th June, 2020. The petitioner seeks setting aside of the impugned order and extension of the interim bail granted vide order dated 30.6.2020.
Briefly stated the petitioner has been granted short term 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, for short NDPS Act, on the ground that his wife had to undergo a surgery and there was no one to make arrangements for the said surgery of the wife of the accused.
Justice Ali Mohammad Magrey observed that 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/ petitioner required to be executed by the SHO of Police Station concerned with further direction to produce the accused/ petitioner before the court. 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. Petitioner/ accused 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.
Justice Ali Mohammad Magrey observed that given the circumstances surrounding the case, this court feels it extremely urgent to take the revision to its logical conclusion to see as to whether the accused could be granted bail in an offence which is not only heinous but for which the legislation has put a complete bar, heard in part. List for continuation on Monday the 17th August, 2020.
High Court issue notice to directed that notice shall be served on the Advocate General today itself. In the meanwhile, 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. 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. JNF