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| HC rejects petitioner’s bail application facing trial in NDPS Act | | | Early Times Reporter
Jammu | Jan 30
Justice JP Singh of JK High Court Jammu Wing today rejected bail application of Hardev Singh, who was booked by the Batote police under NDPS Act.
The accused was arrested while coming from Srinagar and on search of the vehicle 90 KG of poppy-straw (Bhuki) was recovered from the tool box of the vehicle at Baggu Nallah, Batote and a case u/s 8/25 of NDPS Act was registered and after completion of the investigation, challan was presented in the Court of Special Judge Ramban.
The accused/ petitioner filed bail application before the Special Judge Ramban which was rejected and then he approached the High Court for admitting him to bail.
In the detailed order, Justice Singh, after hearing Adv Dinkar Gupta appearing for the petitioner and Additional Advocate General BS Salathia appearing for the state, observed that discrepancy appearing in the weight of samples at the time of their packing by the police and at the time of their receipt in the laboratory, does not in the opinion of the Court raise any presumption to what explanation would the two witnesses of prosecution may give explaining the discrepancy in the weight of sample when these were packed and the at the time of the receipt in the laboratory. Discrepancy in the weight at the time of preparation of the samples by itself could not furnish any justifiable basis for recording a finding that the discrepancy in weight of the sample renders the recovery itself doubtful and resultantly a finding that the petitioner may not be guilty of the offence with which he stands charged. There is thus no material on record on the basis whereof, a finding may be recorded that there are reasonable grounds for believing that the petitioner is not guilty of offences with which he stands charged and that he is not likely to commit any offence while on bail. Court, therefore, does not find any merit in this application which is accordingly dismissed. This approved for reporting judgment announced for Justice Hakim Imtiyaz Hussain on behalf of Justice JP Singh. JNF |
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