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| Court rejects bail in Rs 250 crore heroin smuggling case | | | Early Times Report
JAMMU, May 20: Special Judge NDPS Jammu Yash Pal Sharma rejected the bail application of one Ravinder Singh alleged Narco Smuggler allegedly involved in recovery of 50 KG heroin worth Rs 250 crores.
Special Judge NDPS Jammu Yash Pal Sharma after hearing Advocates Ravinder Sharma and Prince Khanna for the applicant whereas Special PP Ajay Singh Manhas for the NCB, observed that the perusal of record would show that it is allegation in the complaint that petitioner is main kingpin of the whole inter-state drug racket and is the mastermind of the organized crime of drug trafficking and he was in constant touch with the accused driver Gurjit Singh not only telephonically but personally also. He had meetings on many occasions with Gurjit Singh in person at the Central Jail where he was lodged in a case under Section 302 RPC of Police Station Satwari, and when the enquiry was being conducted the accused continued to be in judicial custody in the said case under Section 302 RPC. The undisputed fact remains that the accused was never taken into custody by the complainant in the present case, when the enquiry was being undertaken by him. Even the statement under section 67 NDPS Act of the accused came to be recorded in presence of Superintendent Jail on the order of 1st Additional Sessions Judge, Jammu after laying motion by the complainant and finally complainant filed the complaint against all the three accused persons including the petitioner herein. Admittedly the petitioner's role surfaced after recovery of huge quantity of 50.300 kg of Narcotic substance (Heroin)(commercial quantity) and he is the main kingpin of the drug racket as per allegation leveled against him and he is charged as a main conspirator of the whole racket leading to recovery of the large quantity although petitioner was in Central Jail at the time of recovery and circumstantial evidence i.e. CDR, tower location, jail personal meeting record, apart from statement u/s 67 of the co-accused is made base by the enquiry officer/ I.O. to fasten criminal liability upon the accused in term of Section 29 read with Section 8/21(C) of NDPS Act and punishment for abettor is also the same as the other accused would be liable from whom recovery is made.
Court further observed that the petitioner has criminal background and the offences alleged against him are against the society at large, the drug menace is rising at an alarming rate spoiling young children of the nation badly, these factors also make the petitioner disentitle to bail apart from rider of Section 37 of the NDPS Act which is applicable to his case when we see the whole material on record against the petitioner. Accordingly in view of discussions made hereinabove, in the considered opinion of the court, the petitioner does not deserve judicial discretion of bail. As such application being devoid of merits is rejected, the observation made in order, if any or purely tentative, the same shall have no bearing on merits of the case.
—JNF |
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