Jammu & Kashmir High Court
Rahil Aziz Wani vs Union Territory Of J&K on 15 February, 2024
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on: 12.02.2024
Pronounced on: 15.02.2024
Bail App No. 281/2023
Rahil Aziz Wani, .....Appellant(s)/Petitioner(s)
Aged 34 Years
S/O Abdul Aziz Wani, R/O Zakura
Crossing, Hazrat Bal, Srinagar.
Through: Mr. Sachin Sharma, Advocate.
Vs
Union Territory of J&K, ..... Respondent(s)
Th. Superintendent, Police Station,
Udhampur.
Through: Mr. Dewakar Sharma, Dy. AG
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
1. The applicant is seeking bail in charge-sheet titled "State Vs. Rahil Aziz
Wani and another" pending before the court of learned Special Court
(Additional Sessions Court) Udhampur arising out of FIR No. 524/2019
dated 02.11.2019 on the ground that the son of the applicant is five years
old, is suffering from 100 percent disability, as he is a chronic patient of
Encephalitis and there is no one else in the house to look after him, as
mother of the applicant is also old. It is also urged by the petitioner that
out of twenty witnesses, 18 witnesses have been examined by the
prosecution and in view of the statement made by the witnesses, no
offence is made out against the applicant.
2. Respondents have filed response, stating therein that on 02.09.2019 the
applicant was accompanying one Bilal Ahmed in a vehicle bearing
registration No. JK01T-8754. The vehicle was being driven by Bilal
Ahmed. The vehicle was searched and during search 15.515 kilograms of
charas was recovered from the vehicle. The matter was investigated and
after conclusion of the investigation, charge-sheet was filed against the
applicant and the co-accused.
3. Mr. Sachin Sharma, learned counsel for the applicant submits that the son
of the petitioner is 100 percent disabled, as such, presence of petitioner is
required for proper treatment of his son.
4. Per contra, Mr. Dewakar Sharma, learned Dy. AG argued that huge
commercial quantity of charas has been recovered from the vehicle being
driven by its driver, namely, Bilal Ahmed and the applicant was
accompanying the driver. He further submits that at this stage, bail cannot
be granted to the applicant, as the case has almost reached its final stage.
5. Heard and perused the record.
6. The allegations against the applicant and co-accused are very serious in
nature i.e. in respect of recovery of 15 kilograms of charas from the
vehicle and as per the admission of the applicant, out of 20 witnesses, 18
witnesses have been examined. The sole ground urged by the applicant is
in respect of the ailment of his minor son. There is no whisper in the
application as to whether there is any other family member in the house of
the applicant and also no whisper has been made in respect of the mother
of the minor child. As such, disability of the minor son of the applicant
cannot come to his rescue for the purpose of grant of bail. The rigours
provided by Section 37 of NDPS Act are squarely applicable in the instant
case, as the alleged contraband recovered from the applicant as well as his
associate is commercial in nature.
7. More so, this Court cannot appreciate the evidence brought on record by
the prosecution during the course of trial. Accordingly this Court is of the
considered view that the applicant does not deserve any concession of
bail. Accordingly, the instant bail application is dismissed.
8. However, taking into consideration that the charge-sheet has been pending
since 2019 and the prosecution has almost concluded its evidence except
couple of witnesses, therefore, the learned trial court is directed to dispose
of the charge-sheet as expeditiously as possible, preferably within a
period of three months, from the date a certified copy of this order is
made available to the learned trial court.
9. Disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu
15.02.2024
Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No.
