Court rejects bail in NDPS


JAMMU, SEPT 27: Forest Magsitrate Jammu Shabnam Sheikh rejected the bail application of one Deepak alleged booked by the police in NDPS case.
According to the police case that on 31.08.2019 at about 18.00 hours police party of Police Post Chatha Jammu, while performing patrolling duty near cremation ground at Kanwal area, they noticed that two boys parked their motorcycle alongside the road and on sitting over the same were supplying somethings amongst the youths, they after noticing the police personnel tried to run away, police chased them and apprehended said persons. They disclosed their names as Deepak Sharma and Ravi Kumar. During search of Ravi Kumar, 180/180 ML (15 quarters) were recovered and from the possession of accused Deepak, 4 strips of c-plus spas, Tarmatal 28 capsules were recovered. The accused persons failed to give satisfactorily reply with respect to recovery and possession of said contraband.
Court after hearing Prosecuting officer Ankush Sharma for the State observed that It is true that right of personal liberty is most precious right guaranteed under the Constitution and a person is not to be deprived of personal liberty, however, personal liberty of a person can be curtailed in accordance with procedure established under law. In the present case as referred above, the applicant-accused has been arrested in FIR No. 182/2019 registered in Police Station Satwari, Jammu for commission of offence under Sections 8/21/22/29 NDPS Act, 48 (f) Excise Act for allegedly possessing contraband. Case diary as well police report is silent about the weight-age of the contraband seized. Moreover, FSL report has not been received till date by the IO. From the perusal of the case diary as well as police report, it also does not disclose whether the contraband seized in this FIR falls within the category of commercial or small quantity. The investigation in the case is in progress and FSL report is yet to be received by the Police from the concerned Forensic Science Laboratory. So, the accused cannot be released on bail at this stage.
Moreover, the offence allegedly committed by the accused is heinous and serious and against the society, so, keeping in view the aim and object of NDPS Act, his release on bail at this stage and moving in the outside-society, would have deleterious effects on the minds of the general public, hence, the applicant-accused at this stage is not entitled to any concession of bail. With these observations Court rejected the bail application.

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