Early Times Report
Jammu, Sept 24: The Special Judge (NDPS Cases), Jammu, has rejected the bail application of 20-year-old Digvijay Singh Basi of Phillaur, Jalandhar, in a case involving the alleged smuggling of 830.900 kilograms of poppy straw, holding that the material on record prima facie supports the accusation against him.
Special Judge Parvaiz Iqbal dismissed the bail plea in FIR No. 02/2023 registered at Police Station ANTF, Jammu, for offences under Sections 8, 15, 25 and 29 of the NDPS Act. The order was pronounced on September 22, 2026.
According to the prosecution case, an ANTF team intercepted a truck bearing registration number JK18A-0425 near the Narwal Transport Yard, Jammu, on April 2, 2023. During the search, 43 plastic bags allegedly containing poppy straw weighing 830.900 kg were recovered from a specially concealed space in the truck. The quantity falls within the commercial-quantity category under the NDPS Act.
The prosecution alleged that during questioning, the truck driver disclosed that the consignment was to be delivered to Harvinder Singh Basi and his son Digvijay Singh Basi at Phillaur Bye Pass, Jalandhar. On being contacted regarding an alleged breakdown of the truck, the father and son allegedly travelled to Jammu and were apprehended near Narwal while travelling in a Toyota Fortuner.
Seeking bail, the defence argued that Digvijay was a student, had no criminal antecedents and that no contraband was recovered from his personal possession. It was also submitted that his continued incarceration was adversely affecting his future and that there was no cogent evidence connecting him with the alleged recovery.
The prosecution opposed the plea, contending that the case involved a huge commercial quantity and attracted the stringent conditions prescribed under Section 37 of the NDPS Act.
The court observed that the charge-sheet had already been presented and charges framed, while six out of 34 prosecution witnesses examined so far had supported the prosecution case and withstood cross-examination. The judge held that, at the present stage, the evidence could not be brushed aside merely on the ground that the accused was young or that no recovery had been made directly from him.
Referring to the restrictions on bail in cases involving commercial quantity and Supreme Court precedents governing Section 37 of the NDPS Act, the court said there was sufficient prima facie material connecting the applicant with the alleged offence.
The court consequently held that the statutory twin conditions for granting bail were not satisfied and rejected the application, observing that the allegations involved an alleged organised network of drug peddlers. (JNF) |
