Jammu and Kashmir High Court reinstates bail for Kamran Mushtaq Lone, emphasizing absence of misuse of bail and lack of supervening circumstances.
In a significant ruling, the Jammu and Kashmir High Court has set aside the cancellation of bail granted to Kamran Mushtaq Lone, who was implicated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. Justice Sanjay Parihar presided over the case, emphasizing the principles governing bail cancellation and underscoring the absence of any misuse of liberty by the petitioner after the initial grant of bail.
Kamran Mushtaq Lone had initially secured bail after being charged under Sections 8/21 and 27-A of the NDPS Act. However, the prosecution sought the cancellation of his bail, arguing that Section 27-A, which deals with financing illicit traffic of narcotics, was applicable. The trial court had accepted this argument, resulting in the revocation of Lone’s bail.
In the appeal, Lone's counsel argued that the trial court had initially granted bail after thoroughly considering the evidence, which did not substantiate the allegations under Section 27-A. Furthermore, there were no new developments or misuse of bail conditions by Lone that would warrant cancellation.
Justice Parihar scrutinized the prosecution's arguments and the trial court's decision, reiterating that the cancellation of bail requires compelling reasons, such as misuse of liberty or interference with the judicial process. The High Court found no evidence of such supervening circumstances or any violation of bail conditions by Lone. The Court also noted that the principle of "financing illicit traffic" under Section 27-A necessitates more than mere receipt of money from narcotics sales and requires a proven nexus with illicit trafficking activities.
Consequently, the High Court reinstated Lone's bail, imposing conditions such as regular court appearances and restrictions on leaving the jurisdiction without permission. The judgment underscores the judiciary's commitment to upholding legal principles while ensuring a fair trial process.
Bottom line:-
NDPS Act - Cancellation of bail - Mere existence of allegations under Section 27-A without supervening circumstances or misuse of liberty cannot justify cancellation of bail already granted.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 27-A, 37
