Early Times Report
JAMMU, Apr 9: Justice Sanjay Dhar of J&K High Court Jammu while dismissing the bail application of commercial quantity of Narctoics, observed that violation of provisions can be determined only during trial of the case and not in the proceedings.
In the bail application filed by Khair Mohd Ahangar seeking bail in crime case No.07/2019 for offence under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act registered by the Narcotics Control Bureau (NCB), Jammu.
As per the prosecution case, on 21.12.2019 Intelligence Officer of the NCB received a secret information from reliable sources that the petitioner is coming from Kashmir valley and is carrying huge quantity of 'charas'. On receipt of this information, a team was constituted by the NCB and the team spotted the petitioner near Gumat Bazar at Samrat Hotel, Bus Stand, Jammu. The petitioner was stopped and upon his personal search, 5.050 kgs of 'charas' was recovered from his possession.
Justice Sanjay Dhar after hearing Adv Mumtaz Choudhary for the applicant whereas ASGI Vishal Sharma for the NCB observed that it is clear that the issue whether mandatory provisions of Sections 42 and 50 of the NDPS Act have been violated by the respondent in the instant case can be determined only during trial of the case and not in these proceedings and as per the allegations made by the respondents, recovery of commercial quantity of charas was effected from the possession of the petitioner, therefore, the bar to grant bail as contained in Section 37 of NDPS Act is squarely applicable to the facts of the instant case.
The petitioner has been unable to persuade this Court to hold that there are reasonable grounds for believing that he is not guilty of offence under NDPS Act. Therefore, he does not deserve the concession of bail. With these observations Court dismissed the bail application.
—JNF |
