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The court, which was hearing Mohammad Rafi alias Lala’s application for 20-day interim bail on religious grounds.
A special Jammu and Kashmir court denied bail to an alleged overground worker of the Lashkar-e-Toiba terror outfit for attending his mother-in-law’s funeral, holding that there were no grounds to grant even the short-term relief sought by the applicant.
The court, which was hearing Mohammad Rafi alias Lala’s application for 20-day interim bail on religious grounds, said the applicant had “failed to make any ground” for his release after the prosecution described him as a “habitual offender”, a “C-category OGW of Lashkar-e-Toiba”, and a key figure in cross-border smuggling of narcotics, fake currency and arms.
To substantiate its case, the prosecution referred to a detailed investigation report prepared by the State Investigation Agency, which said investigators recovered more than Rs 2.30 crore in cash along with USD 15,000, seven kg of heroin and one kg of cocaine from his residence at Dhana Doiyan in border Poonch district’s Mandi tehsil.
Pointing out that Lala has been involved in multiple cases under the Unlawful Activities (Prevention) Act, the Arms Act and the Narcotic Drugs and Psychotropic Substances Act, 1985, dating back to 2012 and 2014, the report said he was classified in police records as a C-category OGW of Lashkar-e-Toiba, with allegations that he continued criminal activities even while lodged in jail.
Opposing the bail plea, the prosecution argued that the offences fall under the Unlawful Activities (Prevention) Act, the Narcotic Drugs and Psychotropic Substances Act, 1985, the Arms Act and the Indian Penal Code, which attract a stringent bar on bail.
It further argued that the accused, if released, poses a “flight risk” due to his residence near the Line of Control and could influence, threaten or coerce witnesses. The prosecution said the ceremonies cited as grounds for bail neither require his compulsory presence nor justify a 20-day release, terming the application an attempt to secure bail under the guise of ritual obligations.
Accepting the prosecution’s stand, the court held that the seriousness of the charges, the criminal history of the accused and statutory restrictions governing terror- and drug-related offences make interim relief impermissible. Observing that the applicant failed to meet the legal threshold and does not deserve concession of bail, the judge dismissed the application and ordered it to be tagged with the main case.
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Meanwhile, the Jammu and Kashmir Police on Wednesday attached a house valued at over Rs 12 lakh in Kathua district belonging to an alleged drug peddler.
This followed confirmation by the Competent Authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, marking a significant step towards dismantling the financial network of organised drug trafficking in the region, officials said.
The single-storey house belonged to Javed Akhter, a resident of Lohai Malhar in Billawar tehsil. Officials alleged that he is a habitual offender booked under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, with four cases registered against him.
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