Early Times Report
Jammu, May 12: Principal Sessions Judge Kathua Sanjeev Gupta today rejected the bail application of Zorawar Singh S/O Baldev Singh R/O Dhanore, Tehsil and District Kathua from whose possession herion was recovered.
Court after hearing Adv Gourav Sharma for the accused whereas PP BB Sharma for the state observed that pendency of a criminal case, as such, may not be always a bar for grant of bail to an accused. The petitioner/accused after his admission to bail in the aforesaid FIR registered earlier against him in which he is also facing trial in this court misused the liberty and was subsequently arrested again in similar nature of offence. Grant of bail no doubt is an issue, which concerns the liberty of a citizen, but at the same time, if an accused indulged himself in crime one after the other in cases involving the interest of the society at large, that liberty is required to be balanced against the larger interest of the society. It is true that rigor of Section 37 of the NDPS Act is, though, not applicable in the case, as the contraband recovered from the petitioner/accused falls within 'intermediate quantity' and on conviction, offence punishable under Sections 21(b) and 22(b) of NDPS Act each entail sentence of rigorous imprisonment which may extend to 10 years with fine upto Rs. 1 Lakh, but keeping in view the fact that petitioner/accused after the grant of bail to him by this court in case FIR No. 30/2016 for offence U/Ss 8/21/22 NDPS Act, for allegedly in possession of 6.50 grams of herion, misused his liberty and again committed the offence under NDPS Act in the case in hand, after he was allegedly found in possession of 20 grams of herion, therefore, he can be safely treated as repeated offender. With these observations Court rejected the bail application. --(JNF) |
