M.K. Hanjura ORDER
M.K. Hanjura, J.
1. On 19.01.2018, a police patrol party stopped an Auto (Load Carrier) bearing Registration No. JK05E-8065, which was on way to Srinagar. Besides the auto driver, three passengers, named Waheed Ahmad Nadroo S/o. Gh. Mohd. Manzoor Ahmad Nadroo S/o. Ab. Aziz R's/o Sher Colony Sopore and Mudasir Ahmad Tantray S/o. Basher Ahmad Tantry R/o Rafi Abad Sopore, were travelling in the said auto. The auto driver disclosed his name as Mehraf-ud-Din Nadroo S/o. Ab. Majeed Nadroo R/o Sher Colony Sopore. During the search of said auto, two bags containing 30 Kgs of poppy straw were recovered. During the preliminary investigation of the case, it came to the fore that all the accused had obtained the poppy straw through illegal means for sale on higher prices to the customers and, therefore offences under Section 15/18 NDPS Act, were found to have been committed by the accused and, accordingly, a case bearing FIR No. 17/2018 was registered against them for the commission of the aforesaid offences at police post, Palhallan, with which the investigation ensued. The samples were taken which were sent to J&K Forensic Science Laboratory, Srinagar, for examination and analysis. The statements of the witnesses conversant with the facts of the case were recorded and the site plan was also prepared. The accused were arrested on 19.01.2018. On the completion of the investigation of the case, a charge sheet in terms of Section 173 Cr. PC was laid against the accused/applicants before the Court of the learned Sessions Judge, Baramulla.
2. The applicants filed an application for the grant of bail in their favour in the FIR aforesaid before the Court of the learned Additional Sessions Judge, Baramulla, which came to be rejected by an order dated 17.04.2018. Aggrieved by this order, the applicants filed another application before this Court for the grant of bail in their favour inter-alia, on the grounds, that the charge-sheet has been laid against them before the competent court, wherein the police authorities have concluded that they are involved in the commission of offences U/s 8/15 NDPS Act. The applicants have further stated that they have been falsely implicated in the case. The mandatory provision of the NDPS Act have been violated in the case with impunity and, therefore, the detention of the applicants is illegal and unjustified. It has also been averred that the rigor of Section 37 of the NDPS Act, does not apply to the case on hand. The applicants have further contended that they have been in the custody for the last more than five months by now and their continued detention has hampered them from proving their innocence. A small quantity of Narcotics has been recovered from their possession. They will not tamper with the prosecution evidence and will abide by the conditions whatsoever are imposed on them, in case they are admitted to bail. In the premises, the applicants have urged that they be admitted to bail for the commission of the aforesaid offences.
3. The respondents have resisted and controverted the application of the applicants chiefly on the grounds that poppy Straw was recovered from the possession of the applicants. The applicants have committed a heinous offence. The menace of the drugs has eaten into the vitals of the society. It is a crime against the society and the societal concerns have to be guarded with zeal and zest. The motion so preferred by the applicants seeking admission to bail in relation to the above referred crime is devoid of any merit and, as such, the same deserves to be rejected.
4. Heard and considered.
5. Risking repetition, what requires to be repeated and reiterated here is that the learned Additional Sessions Judge, Baramulla, has rejected the bail application of the applicants. The question, therefore, that arises for consideration at first is whether a successive application for bail will or will not lie before this court. The law ........