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| 2 persons facing investigation under NDPS act get bail | | |
Jammu, Aug 19 : Principal Sessions Judge Jammu Subhash Chander Gupta today granted bail to two accused booked by the police under Narcotic Drugs and Psychotropic Substance Act in two separate bail applications filed in the court.
One of the bail applications was moved by accused Amrik Lal through his counsel Advocate Sanjeev Padha, for his release on bail facing investigation for commission of offence Under Section 15/16 NDPS Act.
After hearing the counsel for the applicant and Public Prosecutor EA Tak, the court observed that under Section 37 of the NDPS Act accused cannot be granted bail if the quantity of the recovered contraband is a commercial quantity but in the present case the bail to the petitioner can be considered after giving notice to the PP and hearing him and taking stock of other circumstances.
Accused is already in custody from July 21, 2006 and investigation in the case is almost complete, the court observed adding, there is no justification for detaining the accused any more as a measure of punishment and release him on bail if he furnishes surety bond to the tune of rupees fifty thousand with a personal bond of the like amount.
As per the prosecution story the accused Amrik Lal was arrested by a Naka Party at Simbal Morh when he was allegedly carrying poppy straw dust weighing about 20 kilogram.
The court after hearing both the sides observed that seizure of 20 kilograms of Poppy Straw Dust (Bhuky) is admittedly above the small quantity and 1/2 of the minimum of the commercial quantity seized from the possession of the accused. Under Section 37 of the NDPS Act accused cannot be granted bail if the quantity of the recovered contraband is a commercial quantity but in the present case the bail to the petitioner can be considered after giving notice to the P.P. and hearing him and taking stock of other circumstances, the court observed further.
In a separate bail application filed by one Narinder Singh son of Pritam Singh of Camp Gole Gujral, Jammu, who is facing investigation for commission of offence under Section 18 NDPS Act.
The facts in brief as evident from the police report are that accused Narinder Singh was plying truck No. 2171-JKU carrying a load of 182 bags of potato reached at Transport Nagar in the intervening night of 21 and 22 July, 2006. On search of the truck 8.250 kilograms of Poppy Straw Dust (Bhuky) kept in a plastic bag was recovered from the cabin of the truck in possession of the accused Narinder Singh alias Bhagla alias Bittu.
Opposing the bail application the Public Prosecutor, EA Tak argued that already a case against the accused is pending in the court for commission of offence under NDPS Act and the accused is a habitual offender and thus is not entitled to the concession of bail in the present case. However, the applicant’s counsel Hafaiz-ur-Rehman, Advocate, argued strenuously that mere pendency of 8 case unless and until accused is punished is presumed to be innocent as such no liability can be fastened to the accused and has cited 2005 (2) RCR (Criminal) 663 P&H.
Seizure of 8.250 kilograms of Poppy Straw Dust (Bhuky) is admittedly above the small quantity and 1I6th of the minimum of the commercial quantity seized from the possession of the accused, the court observed.
The court ordered the release of the accused on bail if he furnishes surety bond to the tune of rupees fifty thousand with a personal bond of the like amount undertaking therein that he will remain present during the investigation when ever needed by the IO and shall not leave the territorial jurisdiction of this Court without its prior permission.
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