ASHIQ HUSSAIN WANI Vs. STATE AND ORS.

JUDGEMENT

(1.) PETITIONER (accused) along with three other co -accused is facing trial before the Court of learned Sessions Judge, Kulgam for commission of offences punishable under Section 15 and 18 of NDPS Act. Three other co -accused have already been admitted to bail pursuant to order dated 9.5.2008 passed by learned Sessions Judge, Anantnag as at the relevant point of time case was pending on the file of Court of Sessions Judge, Anantnag. Thereafter it appears that with the creation of District Kulgam the cases pertaining to Kulgam including the case in hand has been transferred to the Court of Sessions Judge, Kulgam.

(2.) LEARNED Sessions Judge, Kulgam in his detailed order dated 8.7.2009 on consideration of application for grant of bail has refused to exercise discretion in favour of the petitioner even on parity basis by stating therein that the accused were involved in commission of offence relatable to the commercial quantity of narcotics. Rigour of Section 37 of NDPS Act according to the learned Sessions Judge, Kulgam would disentitle the petitioner from getting the concession of bail. In addition learned Sessions Judge has taken a view that at the time of occurrence petitioner -accused had absconded, therefore, concession of bail is not extendable to him.

(3.) LEARNED Counsel for the respondents would contend that the petitioner on noticing grant of bail in favour of other three co -accused made himself available so as to avail the same benefit, otherwise he had remained in hiding, therefore, such persons are not entitled to any concession, bail application may be rejected.