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| Court rejected bail application of accused facing trial in NDPS Act | | |
Jammu, November, 4:- Second Additional Sessions Judge Jammu Mr. AK Koul today dismissed the bail application of Ghulam Nabi Bhat s/o Ghulam Ahmed Bhat r/o Qazigund Kashmir, who is facing trial in NDPS Act.
In the dismissal order Second Additional Sessions Judge Jammu Mr. AK Koul after hearing Advocate Manohar Lal appearing for the petitioner and Additional Public Prosecutor Mr. Ravinder Sharma appearing for the state and perused the record observed that petitioner has been charged on May 4, 2005 u/s 8/20 NDPS Act and so far 9 witnesses have been examined and only one witness is left to be examined. The facts which have led the petitioner to this situation are that on March 18, 2005, he was found to be in possession of 1 KG 400 Gram of Charas and quantity falls within a rigour of section 37 of NDPS Act, which provides that no accused of an offence involving commercial quantity shall be released on bail unless the Public Prosecutor is heard and the court is satisfied that there are reasonable ground for believing that he is not guilty of such offence and is not likely to commit any offence while on bail. The quantity contraband recovered from petitioner is a commercial quantity and petitioner’s case does not qualified for the bail. The trial of the case is nearing completion and only one witness remains to be examined and efforts are on to call and examine him. There is nothing on record to show that prosecution has shown in action/laxity at any stage of the trial, so the prosecution cannot be indicted for delaying the trail on any count. The offence which the petitioner alleged to have committed is serious offence and no leniency can be shown to such elements that are responsible for trafficking in drugs and thereby destabilizing the economy of the country. With these observations the court dismissed the bail application filed by the petitioner accused. |
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