Rahil Aziz Wani vs Union Territory Of J&K

Rajnesh Oswal, J

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.

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.

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.

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.

Heard and perused the record.

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.

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.

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.

Disposed of.