 Early Times Report
Jammu, Dec 17: A Special UAPA Court has rejected the interim bail plea of accused Mohd. Rafi @ Lala, after the State Investigation Agency (SIA) presented a detailed prosecution report describing him as a habitual offender, a C-category OGW of Lashkar-e-Taiba (LeT), and a key figure in a major recovery of narcotics, fake currency and arms. The Court held that no grounds existed for granting even short-term relief sought for attending his mother-in-law’s 15-day ritual.
Presiding Officer Madan Lal observed that the applicant had sought 20-day interim bail on religious grounds, but after reviewing the prosecution’s objections and the serious nature of charges, the Court concluded that “the applicant has failed to make out any ground” for release. The SIA informed the Court that during searches at the accused’s residence in Dhana Doiyan, Mandi, investigators recovered Rs 2,30,07,400 in cash, USD 15,000, seven kilograms of narcotics—including one kilogram of cocaine and the rest heroin—and arms and ammunition. The agency further stated that the accused is involved in multiple UAPA, Arms Act and NDPS cases dating back to 2012 and 2014, and is classified in police records as a C-category Over Ground Worker of LeT, with allegations that he continued criminal activity even while lodged in jail.
Opposing the bail request, the prosecution argued that the offences fall under the UAPA, NDPS Act, Arms Act and IPC and attract stringent bars on bail under Section 43D(5) of UAPA and Section 37 of the NDPS Act. They argued that the accused poses a flight risk due to his residence near the Line of Control and could influence, threaten or coerce witnesses if released. They also submitted that the ceremonies cited as grounds for bail neither required his compulsory presence nor justified a 20-day release, terming the application an attempt to secure bail under the guise of ritual obligations.
Accepting the prosecution’s stand, the Court held that the seriousness of charges, the criminal history of the accused and the statutory restrictions governing terror and drug-related offences make interim relief impermissible. It observed that the applicant failed to meet the legal threshold and therefore does not deserve concession of bail. The application was dismissed and ordered to be tagged with the main case. (JNF) |
