Early Times Report
JAMMU, July 6: The Court of Sessions/Special Judge, NDPS Cases, Jammu has rejected the bail application of Nazir Ahmed Khan, accused in NCB Crime No. 01/2022 registered for offences under Sections 8/20 and 29 of the NDPS Act.
The applicant had filed a successive bail plea after his earlier bail application was rejected, contending that there was no legally admissible evidence against him and that the prosecution case was based on statements under Section 67 of the NDPS Act and CDR records. He also pleaded that there was no recovery from his conscious possession and that his continued detention was violative of Article 21 of the Constitution.
Appearing for the accused, P.N. Raina, Senior Advocate, argued that the material relied upon by the prosecution did not establish criminal conspiracy under Section 29 of the NDPS Act and that the applicant deserved bail. Mr. Ajay Singh Manhas, Special Public Prosecutor, appeared for the Union of India through NCB, Jammu, and opposed the bail plea.
Special Judge Parvaiz Iqbal observed that successive bail applications can be entertained only when there is a substantial change in circumstances. The Court noted that the only change cited by the accused was the filing of a supplementary complaint by NCB on April 30, 2026, after which the case had reached the charge-discharge stage.
The Court held that mere filing of a charge-sheet or supplementary complaint does not amount to change of circumstances for granting bail. It observed that filing of charge-sheet shows that the investigating agency has collected material to put the accused on trial and does not weaken the prosecution case.
The Court further observed that the accused had repeated the same grounds already taken in the previous bail plea and had failed to point out any material change in facts or law.
Holding that judicial discipline does not permit review of an earlier bail rejection order in a successive bail application without fresh material change, the Court rejected the bail application.
(JNF) |
