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| Court rejects bail of smugglers | | | early times report
Jammu, Feb 16 (JNF): Principal Sessions Judge Samba Kartar Singh Saturday rejected the bail application of two accused who were arrested by the police on January 12 and from whom police had allegedly recovered 1500 intoxicant capsules.
The accused Arun Kumar and Rajesh had been booked under NDPS Act. Police on January 12 had claimed to have recovered 1500 intoxicant capsules from Arun and 1200 capsules from Rajesh.
While rejecting the bail application the court after hearing both the prosecution and defence observed that a bare perusal of this section reveals that the provisions of the
Act will prevail over the provisions of Code of Criminal procedure only to the extent that the offence under the Act is cognizable.
"So for as the bail matters are concerned, section 37 of the Act is applicable only to those offences covered by section 19, 20-A and 27 of the Act and also for the offences involving commercial quantity. It is to be noted that 2700 Pyremol spas capsules which are intoxicating drug, were recovered from the possession of the petitioners and a case for the commission of offence falling under section 8/22/23 NDPS Act has been registered against them," the court observed.
The offences are punishable with rigorous imprisonment, which may extend to ten years and with fine, which may extend to rupees one lakh.
"The offence is heinous in nature and it has not been committed against a particular person but against the whole nation.
The petitioners are in custody since 12.01.2013 and the investigation is still in progress.
Since the offence is serious in nature, no ground has been made out by the petitioners for their release on bail and dismissed the bail applications," the court added. |
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