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| Court rejects bail of narco smuggler | | | EARLY TIMES REPORT
JAMMU, Feb 1: Additional Sessions Judge Jammu Tahir Khurshid Raina today rejected bail of Rakesh Kumar S/o Dev Raj R/o Kootah Morh, Hiranagar, District Kathua alleged medical narco smuggler seeking default bail.
Court after hearing APP Suresh Kumar Sharma for the UT where as Adv Prince Khanna for the applicant observed that the contraband recovered and seized are the Narcotic Drugs which in their very first look confirms to be Narcotic Drugs as they stand packed in such strips by the Licensed Drug manufacturing companies which carries all the details on its cover. Such drugs by companies when seen in the schedule, Prima facie satisfy that they are the Narcotic drugs, not to be sold in the open market and hence commission of offence is prima facie made out.
Upon this Court observed that therefore, in the instant case I do not sustain the argument of the counsel for the accused that the charge sheet which was filed on 30.7.2019 was an incomplete charge sheet for short of FSL report. On the contrary the charge sheet which was filed is sufficient to take cognizance of the offence by the Court. In this backdrop, the FSL report based on the samples of the seized material during the investigation, filed even after completion of 180 days can be filed by the prosecution as it was based on the investigation done earlier and same was brought on record on 14.1.2020. It too has confirmed the conclusion drawn by the IO in his findings as put in the charge sheet.
Finally, on the basis of a charge sheet which contained details of investigation coupled with reference to the contraband seized as the Narcotics drugs on the basis of details on the packings, matching with details in the schedule attached with the Act, I am of the considered view that such a charge sheet is sufficient for taking cognizance of an offence by the court and cannot be described as "incomplete charge sheet" for grant of "Default bail" to the accused. With these observations Court rejected bail application. --(JNF) |
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