High Court of Jammu & Kashmir and Ladakh has granted regular bail to petitioner Azhar Din under Section 483 of the BNSS, 2023, after his plea was previously rejected by the Additional Sessions Judge, Jammu.
The brief background of the case is that on 19.12.2021, the Anti-Narcotics Task Force (ANTF) apprehended the petitioner and registered FIR No. 14/2021. Subsequently, a charge sheet was filed on 06.06.2022, alleging offences under Sections 8/20/29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
The prosecution alleged that Azhar Din, along with two other accused persons, with a common criminal intention, conspired to smuggle a huge quantity of charas—3.322 kg, transporting it from Srinagar with the intent to sell it in Sainik Colony, Jammu.
Advocate Priyanshu Sharma while making arguments, laid significant emphasis on the snail-paced progress of the trial, which has been pending since 06.06.2022. He argued that the prosecution has cited as many as 20 witnesses, out of which only six have been examined over a span of three years. Advocate Priyanshu Sharma further contended that the delay in trial itself constitutes a denial of justice, violating Article 21 of the Constitution of India.
Justice Rajesh Sekhri, considering the prolonged incarceration of the petitioner and the delayed progress of the trial, allowed the bail application. Taking these factors into account, along with the principles laid down by the Supreme Court in multiple judgments, the High Court granted bail to the petitioner upon furnishing surety bonds of Rs 1 lakh.
