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| HC denies bail to narco smuggler | | | EARLY TIMES REPORT
Jammu, Dec 22 (JNF) : Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Hasnain Massodi has rejected the bail application of Bharat Singh S/o Chajju Singh r/o Mirpur, Sidhar, Akhnoor and Ashok Kumar S/o Bodh Raj R/o Gangyal were convicted and sentenced by Principal Sessions Judge Jammu in smuggling of heroine case.
According to the police case during the intervening night of 30/31 January, 1998 Army authorities on receipt on information regarding the likelihood of smuggling of contraband in the area of Chenab River laid an ambush on the ice land (GR 538613) and apprehended two persons who later disclosed their names as Bharat Singh and Ashok Kumar and recovered 27 packets of powder weighing one kg each of heroine and 150 grams of opium besides one shawl, two rubber tubes, one .32 revolver and 50 rounds of ammunition contained in polythene bag. The accused were later handed over to the custom's authorities. After taking samples from the narcotic sent to FSL which revealed that exhibit contained heroine and opium which they had smuggled from across the border and brought to Indian territory, hence challan under section 21 / 23 NDPS Act was made out against the accused and a challan was presented after due investigation on April 27, 2012 Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal awarded 20 years RI and fine Rs 1 lakh each to both the accused. Against the sentence present appeal was filed in the State High Court.
Division Bench after hearing Advocates BL Chatta and Basit M. Keng for the appellants whereas ASGI KK Pangotra appearing for the respondents observed that counsel for the applicants are of the view that there is no merit in the bail application.
DB further observed that Section 37 of the Act does not permit grant of bail to a convict who has been found guilty of such a heinous crime. According to the findings recorded by the learned Special Judge, the applicants accused were found to be in conscious possession of the contraband.
The recovery shows 27 packets of Heroin, 150 grams of opium, 2 rubber tubes and 1 Shawl. The total weight of the Heroin is 27 Kgs and that of Opium is 150 grams beside other items. The recoveries are stated to have been effected at the instance of the applicants-accused. At this stage, it cannot be concluded that the applicants-accused would not be found guilty of the offences under Section 21 & 23 of the NDPS Act. The basic requirement of Section 37 is that the applicant-accused can be admitted to bail if the Court records the conclusion that the applicant-accused is likely to be declared innocent and not guilty of any offences under the NDPS Act. The case in hand is not of that nature. Accordingly, Division Bench found no ground to enlarge the applicants-accused on bail. With these observations court rejected the bail application. |
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