Court rejects bail in bovine smuggling

22/04/2018

Jammu, Apr 21: Sub-Judge Katra Sandeep Gandotra rejected the bail applications Mohd Itfaq S/o Nazeer Ahmed and Mohd. Shafi S/o Kala involved in bovine smuggling case.
According to the police case report that on 20.4.2018 Mohd. Ashraf alongwith patrolling party were on patrolling/ checking duty. At approximately, 1.30 AM, when they reached near Panthal, they saw two persons alongwith bovine animals were going from Katra towards Udham pur. On enquiry the two persons revealed their name as Mohd Itfaq S/o Kala R/o Akhli, Butan and Mohd. Shafi S/o Kala R/o Bhaga Tehsil Reasi. On checking, 15 cows, one ox, 4 female calf and 4 male calf (total 24 animals) were recovered from accused persons. As such, FIR No.73/2018 under Sections 188 RPC was registered at Police Post Kakryal against the accused persons and investigation started.
Sub-Judge Katra after hearing Senior PO Joginder Kumar for the state observed that a perusal of CD file reveals that the investigation is at nascent stage and the accused persons have been arrested only yesterday. The allegations against the accused persons/ applicants are very serious and they were allegedly smuggling 24 bovine animals including 19 cows without any permission from authorities; that too during the night. This act has allegedly been done in the holy town of Mata Vaishno Devi Ji at Katra. The fact that there was law and order problem on spot at the time when accused persons were caught by police cannot be lost sight of and in the humble opinion of this court the same situation may arise again in case accused persons are granted bail only after one day; more so when the investigation is not complete.
The court in such cases cannot pass order of blanket bail because the court cannot go beyond the statutory command of law more so when faith of general public is involved. Enlargement of accused persons on bail at this stage would scuttle the investigation and the accused persons may temper with the evidence and otherwise also the bail at this stage would not be in public interest, which is one of paramount consideration.
Keeping in view the nature of allegations, character of evidence collected by IO, stage of investigation and involvement of public interest, Court rejected the bail applications. JNF

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