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| Bail denied to narco smugglers | | |
Jammu, Dec 25 (JNF): Principal Sessions Judge Samba Kartar Singh rejected three bail applications filed by Sunny Anand S/o Romesh Chander Anand r/o Jain Bazaar, Ajay Kumar S/o Nathu Ram R/o Sujaini, Tehsil Samba and Sanjeev Anand r/o Bakshi Nagar Jammu who was involved charas Smuggling.
Principal Sessions Judge Samba Kartar Singh after hearing Advs Ganesh Sharma, Rajeev Gupta, MS Sambyal & RS Sambyal for the petitioners whereas Public Prosecutor Sukhdev Singh Sambyal appearing for the state, gone through police report and also the arguments of the counsels for both sides held that in all the cases the contraband involves for greater than small quantity but certainly lesser than commercial quantity as notified under section 2 of the Act. Therefore, the limitation of granting bail as mentioned under clause (b) of sub-section (1) of section 37 is not applicable in the case. I am of the opinion that at least two conditions should be kept in mind at the time of considering the bail application under section 439 Cr. P.C. where the contravention of provisions of the Act involves for lesser than commercial quantity and greater than small quantity. In such matters normally the accused should not be released on bail till the investigation in the case is pending i.e. till the filing of the charge sheet against him in the court and further that no case of identical nature is pending against him. With these observations, Court rejected the bail applications of the accused persons. |
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