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| Court rejects bail of accused involved heroin case | | |
Jammu | Jan 20
Principal Sessions Jammu JR Kotwal has rejected the bail application filed by Tanveer Hussain, who was arrested by the police on December 18 last along with Mohd Rafiq involved in sale of Narcotics Drugs.
While dismissing the bail application, Court observed that on search 130 gms of heroin was recovered from the accused Tanveer Hussain s/o Dilawar Sheikh r/o Dool Tehsil Kishtwar and 670 grams from the possession of Mohd Rafiq.
The counsel for the petitioner filed the bail application on the ground that the accused petitioner was apprehended by the police during checking at a Police Naka and the drug allegedly recovered from the possession of the applicant falls in the category of non-commercial quantity and therefore, bail may be granted to him as the accused is in custody for last more than 20 days. On the other hand the Public Prosecutor EA Tak opposed the bail application on the ground that the total quantity of the drug recovered from the two accused persons is 800 grams, which falls within the category of commercial quantity. The offence committed by the accused is heinous as he was found in possession of drug at a public place in quantity even for more than small quantity, which in case of heroin is five grams only. Kotwal after hearing both the sides and also perusing the case dairies further observed that quantity not withstanding the meticulousness with which the accused had concealed the drug in his possession and chemical nature of the drug supports the contention that the offence committed by the accused is heinous as it strengthens the apprehension of his being involved in retail sale of the said drug. Investigation of the case is at initial stage and mere recovery of the drug is not end of the matter. Investigating Agency should ascertain the source of the said drug and investigate all aspects of the matter. Above all, release on bail at investigation stage of a person found in possession of such a lethal Narcotic Drug of heroin nature at a public place apparently for retail sale is against general public interest.
With these observations Court dismissed bail application filed by the accused. JNF
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