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| Court rejects bail of woman booked under NDPS act | | |
Early Times Report
Jammu, Jan 14: The 2nd Additional Sessions Judge Jammu Rajinder Sapru rejected the bail application of one Rubina Koushar from whom police had recovered heroine.
According to the police a case under FIR No. 306/2022 of PS Gandhi Nagar, Jammu was registered against the applicant/accused for the commission of offences U/Ss 8/21/22 NDPS Act and in the course of investigation of said case.
Nearly 875 grams of Heroin like substance is alleged to have been recovered from the possession of applicant/accused and regarding the illegal possession of the same, applicant accused has been by the non-applicant. Hence, the instant application for bail has been presented before this Court on behalf of the applicant/accused.
The 2nd Additional Sessions Judge Jammu Rajinder Sapru after hearing APP DP Singh for the UT observed that In the instant case evidently applicant/accused is not alleged to have committed an offence under Section 19 or 24 or 27-A of NDPS Act, therefore, the only thing which this court is required to appreciate. is to see as to whether the quantity of the contraband alleged to be recovered from the applicant/accused falls within the category of "Commercial Quantity" prescribed under the notification appended to NDPS Act or not.
As per police report submitted, applicant/accused is involved in illegal possession of 875 grams of Heroin like substance. As per Serial No. 56 of the Notification No. S.O 1055-E of 2001 appended to NDPS Act "Small quantity" of Heroin is prescribed as 5 gms whereas the "Commercial quantity" thereof is prescribed as 250 gms. Since the quantity of the drugs/contraband recovered from the applicant/accused falls within the category of Commercial quantity to which rigour of section 37 of NDPS Act is attracted and at this stage, this court has no reason to believe that applicant/accused has not committed the alleged offences. Hon'ble Apex Court in case titled Union of India Vs Prateek Shukla Crl. A. No. 284/2021 decided on 08.03.2021 has categorically held that provision of section 37 of NDPS Act is to be applied strictly while deciding the case for grant of bail. Apex Court in another recent judgment titled State Vs Lokesh Chadha Crl. A.No. 257/2021 decided on 02.03.2021 has observed that the judgment of State of Kerala Vs Rajesh is to be followed while deciding bail application involving Commercial quantity of Contraband. Even otherwise also, the offences alleged against applicant/accused are heinous in nature and at this stage, it cannot be ruled out that applicant will not repeat the commission of similar offences, therefore, the application of the applicant for grant of bail cannot be allowed which accordingly, is rejected. (JNF) |
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