Early Times Report
Jammu, Nov 5: Chief Judicial Magistrate, Kathua, Amarjeet Singh Langeh today rejected the bail application of an alleged willow smuggler.
Accused Urad Ali, son of Abdul Aziz of Jhajjar Kotli, was found carrying willow clefts by hiding them under apple boxes. His truck (JK02AT/6277) reported at Lakhanpur Toll Post on October 28 night. Inspector Mohammad Yunus assessed the truck for exemption of toll as it was said to be loaded with apples consigned by M/s Gouria Fruit Growers, Fruit Market, Shopian, Kashmir to M/s Durga Trading Company, Fruit Mandi, Bijnore (UP) vide challan No 1006 of October 26, 2016.
On weighing, a contradiction was noticed between the challan weight of the truck as declared by its driver and its actual weight.
It was, therefore, subjected to physical checking during which 4,575 pieces of willow clefts were recovered. These were being clandestinely carried outside the state. The matter was subsequently reported to the Lakhanpur police station which registrated of a case under sections 420 of RPC, 6/16/16 of Forest Act and 3 of Willow Clefts Act.
The CJM, after hearing both the sides, observed that involvement of all the players in the smuggling of willow clefts and networking of the entire crime ring was yet to be investigated. "The alleged occurrence, it appears, has interstate ramifications and all crucial aspects of likely culprits are yet to be investigated. Investigation, therefore, is at initial stage and grant of bail to petitioner at this stage will have adverse impact on the ongoing investigation in the case. Merely because offences involved are not punishable with death sentence or life imprisonment, is in my considered opinion, not the alone circumstance to judge their gravity. Quantum of punishment may be one circumstance while considering bail but not the only circumstance to be heeded to. Other circumstance like gravity of the offences, nature of evidence collected, societal ramifications and the stage of investigation are equally vital to be considered while dealing with bail application," he said.
With these observations, the court rejected the bail application of the accused. |
