Early Times Report
JAMMU, Jan 24: Sending out a tough message against narcotics trafficking, the Special Judge (NDPS Cases), Jammu, Parvaiz Iqbal rejected the bail application of Delhi-based doctor Dr. Akmal Mahmood Usmani, observing that the case involves commercial quantity of psychotropic substances and is squarely hit by the statutory bar under Section 37 of the NDPS Act.
Dr. Usmani was arrested in connection with NCB Crime No. 02/2024, registered by the Narcotics Control Bureau (NCB), Jammu, following the seizure of huge consignments of codeine-based cough syrup, Alprazolam, Tramadol, Lorazepam and other psychotropic drugs during a multi-state investigation.
Senior Advocate Rajesh Kotwal, assisted by Advocate Fahim Ahmed Mir, appeared for the accused and argued that no contraband was recovered from Dr. Usmani and that his implication was based on statements of co-accused, which are inadmissible in law. The defence also pleaded that the accused is a medical professional with no criminal antecedents.
Opposing the bail plea, Special Public Prosecutor Ajay Singh Manhas, appearing for the NCB, submitted that the case involves commercial quantity, attracting the rigours of Section 37 of the NDPS Act, and that there is sufficient prima facie material to establish the accused's role in abetment and criminal conspiracy.
The court observed that although no direct recovery was effected from the accused, his alleged role in facilitating illicit drug trafficking by allowing misuse of his drug licence prima facie establishes his complicity under Sections 8, 22, 26 and 29 of the NDPS Act. The court held that conspirators and abettors stand on the same footing as those from whose possession contraband is recovered.
Rejecting the defence plea, the court underlined that in cases involving commercial quantity, "negation of bail is the rule and its grant an exception," unless the accused satisfies the twin conditions laid down under the NDPS Act-conditions which were not fulfilled in the present case.
Taking note of the serious nature of allegations, multiple recoveries, involvement of several accused, and cancellation of the drug licence by the competent authority, the court concluded that the applicant had failed to overcome the statutory embargo.
Accordingly, the bail application was dismissed, while clarifying that the observations made are tentative and shall not prejudice the merits of the trial.
—(JNF) |
