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| Court rejects bail of alleged NDPS smuggler | | | Early Times Report
JAMMU, Nov 20: 1st Additional Sessions Judge Jammu Yash Pal Kotwal rejected the bail application of one Jaswinder Singh, son of Zorawar Singh who was booked by the police under NDPS Act as more than 5 gram heroine was recovered from him.
1st Additional Sessions Judge Jammu Yash Pal Kotwal rejected bail after hearing APP Harminder Singh for the state observed that Court while considering the bail under Section 437 of the Code of Criminal Procedure is guided by the allegations being relied upon by the prosecution and the evidence collected by the investigating officer viz-a-viz each accused. Court is also guided with the nature and seriousness of the prosecution, severity of punishment, character, behaviour, standing of accused person etc. The Court is also supposed to be guided by the principle that bail is a rule and jail is an exception, but that exception is further subject to an exception that the provision of bail should not be interpreted only for the benefit of accused, but also for the benefit of prosecution and the benefit of the society at large, which can also be effected directly or indirectly with the commission of an offence, against the society. So, law of bail should balance between two conflicting demands (i) Shielding the society from the misadventures of the person allegedly involved in crime and (ii) Presumption of innocence of the accused till he/they is/are found guilty. The fact that intermediate quantity of contraband has been allegedly recovered from the applicant, is no ground for granting bail to him/applicant.
In the present case as referred above, the applicant-accused has been arrested in FIR No 122/2019 registered by Police of Jammu for commission of offence under Sections 8/21/22/29 NDPS Act, for allegedly possessing contraband substance. The investigation in the case is in progress and FSL report is yet to be received by the Police from the concerned Forensic Science Laboratory. So, the accused cannot be released on bail at this stage. Moreover, the offence allegedly committed by the accused is heinous and serious and against the society, so keeping in view the aim and object of NDPS Act, his release on bail at this stage and moving in the outside-society, would have deleterious effects on the minds of the general public, hence the applicant-accused is not entitled to bail. —JNF |
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