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| Deprivation of liberty is tantamount to punishment: HC | | | Early Times Report
SRINAGAR, July 7: Deprivation of liberty is tantamount to punishment, the state High Court said on Saturday while grating bail to a four persons from whom police claimed to have recovered 30 kilograms of poppy straw at Sopore in North Kashmir's Baramulla district in January this year.
"Deprivation of liberty is tantamount to punishment. The principal that punishment begins after conviction and that every man is deemed to be innocent unless duly tried and duly found guilty has its application to the facts of the instant case in all the fours," a bench of Justice M K Hanjura said.
Justice Hanjura said that the accused have to prepare for their defence which is of an essence in a criminal trial. The discretion has to be exercised on well based foundations of law and one cannot get swayed by sentiments. Temper and passion have no role to play in exercising the discretion for the grant of bail. The court granted bail to them on furnishing a personal bond to the tune of Rs. 50,000 each with a surety of the like amount.
According to persecution, on 19-1-2018, a police patrol party stopped an Auto (Load Carrier) bearing Registration No. JK05E-8065, which was on way to Srinagar. Besides the auto driver, three passengers, named Waheed Ahmad Nadroo, Manzoor Ahmad Nadroo of Sher Colony Sopore and Mudasir Ahmad Tantray of Rafiabad were travelling in the auto. The auto driver disclosed his name as Mehraj-ud-din Nadroo of Sher Colony Sopore.
During the search of said auto, two bags containing 30 kilograms of poppy straw were recovered, the prosecution said. During the preliminary investigation of the case, it came to the fore that all the accused had obtained the poppy straw through illegal means for sale on higher prices to the customers and, therefore offences under Section 15/18 NDPS Act, were found to have been committed by the accused and, accordingly, a case bearing FIR No. 17/2018 was registered against them for the commission of the offences at police post, Palhallan, with which the investigation ensued. |
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