Jammu, May 15: Jammu and Kashmir High Court has dismissed bail plea by “kingpin” of illegal drug trafficking, observing that directions passed by the Supreme Court in the light of covid-19 pandemic are meant to decongest the jails and not “an under-trial who is facing serious charges and having even normal ailment.”
Presently lodged in District Jail Amphalla, the accused Mohammad Ashraf Bhat had sought the bail medical grounds and that there was every possibility of him catching infection during stay in the jail.
Additional Advocate General Aseem Sawhney submitted that Bhat and co-accused is facing trial for commission of offence under Sections 8/21/29 NDPS Act in FIR No. 157/19 registered with Police Station, Bahu Fort, Jammu.
“Heroin has been recovered from the accused persons and (Bhat) is the kingpin of illegal drug trafficking,” he said.
He said that Bhat’s medical report does not in any manner indicate that he is affected by any life threatening disease. The medical report does not mention he requires admission in the hospital for any specialized treatment. He submitted that in case Bhat requires hospitalization, the same will be provided to him.
“The directions passed by the Supreme Court in the light of pandemic are meant to decongest the jails and not that an under-trial who is facing serious charges and having even normal ailment is required to be granted bail. Each case is required to be assessed on its own merits,” a bench of Justice Puneet Gupta said.
“The judgments have been cited by both the sides in support of respective contentions. However, the same are not required to be referred to for the simple reason that the ailment of the applicant is not of such a nature which requires grant of bail to the applicant,” the court said and dismissed the bail plea by Bhat. (GNS)
