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| Bail application of accused in heroine smuggling rejected | | |
JAMMU, JULY 21- Presiding Officer TADA/POTA/ 3rd Additional Sessions Judge Jammu Mr. Sanjay Gupta today decided two bail applications filed by Vivek Mahajan and Dr. Sanjeev Mahajan facing trial in smuggling of heroin weighing eight and a half kg worth Rs 8.5 crores, rejected both the bail applications.
Mr. Gupta while rejecting the bail applications of both the accused observed that the case is at mid-trial and maximum number of witnesses is yet to be produced. In order to save the society from the menace of Narcotic Drugs and Psychotropic substances, Court must adopt a negative attitude towards the grant of bail. The accusation against the accused persons is grave and is threat to the society. In case offences are proved against the accused persons, they are liable to be punished minimum of 10 years and fine up to Rs one lakh. With these observations Court rejected the bail application of both the accused.
According to the facts of the case that on November 5, 2006 accused Lal Chand was intercepted by 3 JK Rifles while crossing the actual line of control in Chenab sector within the jurisdiction of Police Post Pallanwala. Seven kg heroin was found from the possession of Lal Chand, who was handed over to Khour Police. The police seized the packets and during investigation it was revealed that Lal Chand is the only carrier and he is dealing in smuggling of heroin along with accused Vivek Mahajan and Sanjeev Mahajan and they used to sell the heroin in Punjab.
In the bail application of Sanjeev Mahajan it has been submitted that he is a doctor by profession and is serving as Medical Officer in Himachal Pradesh and living at Pathonkote. He was brought from Pathonkote and lodged in P/S Khour where he was subjected to third degree method and inhuman torture asking him to confess the crime. It has further been stated that he was shifted to JIC where he was subjected to inhuman torture. The witnesses produced by the prosecution have stated nothing against the accused. Additional Public Prosecutor Mr. Gulzar Singh Charak appearing for the state submitted that both the accused have been involved in serious offences and the punishment provided in the offence is up to 20 years and fine. In the present case a huge quantity of heroin weighing 8 Kg 500 grams has been recovered and the trial is at mid stage, in case the applicants are released on bail they will temper the prosecution evidence and will abscond from the jurisdiction of the Court.
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