HC rejects bail to Charas Smuggler

11/07/2018

SRINAGAR, July 10: Justice MK Hanjura today rejected the bail application of one Ghulam Qadir Malik alleged charas smuggler, observed that perusal of Section 37 quoted above, it is evident that no person can be
enlarged on bail, if he is found to be in the possession of a commercial quantity of Narcotics and Psychotropic Substances Act or offences under Section 19 or Section 24 or Section 27A Act unless the Court comes to the conclusion that the accused is not guilty of such an offence. These restrictions are provided in addition to the checks and curbs imposed under the Code of Criminal Procedure or any other law governing the grant of bails. In the present case, as is reiterated here, the applicant and his associate with whom he acted in concert have been found to be in the possession of 1140 grams of charas. On the basis of the recovery of such a huge quantity of charas found in the possession of the applicant, it can well be said that the applicant is prima facie involved in the commission for the offences aforesaid and there is no reasonable ground to believe that he is not guilty of such offences. The natural or unpresentable human propensity to always eat the forbidden fruits will ever find means and ways to frustrate the laws and rules prohibiting the use of all such stuff. JNF

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