Court rejects bail in NDPS case

16/01/2020

JAMMU, JAN 15: 1st Additional Sessions Judge Jammu YP Kotwal rejected the bail applications of two namely Saqlain Rasool Shah & Saqlan Muzaffar from whose possession heroine was recovered.
The bail applications have been opposed by Additional Public Prosecutor Harimnder Singh by filing detailed objections submitting that the accused persons have been arrested in FIR No. 313/2019 registered at P/S Bahu Fort Jammu, for commission of offence under Sections 8/21/27 of NDPS Act, for recovery of heroin like substance from the conscious possession of both the accused persons. During Search, 15/16 gms of Heroin has been recovered and seized from accused Saqlain Hussain Shah, whereas 6/7 gms of heroin recovered from accused Saqlain Muzaffar. Court after hearing both the sides observed that while considering the bail under Section 497 of the Code of Criminal Procedure is guided by the allegations being relied upon by the prosecution and the evidence collected by the investigating officer viz-a-viz each accused. Court is also guided by the nature and seriousness of the prosecution, severity of punishment, character, behavior, standing of accused persons etc. The Court is also supposed to be guided by the principle that bail is a rule and jail is an exception, but that exception is further subject to an exception that the provision of bail should not be interpreted only for the benefit of accused, but also for the benefit of prosecution and the benefit of the society at large, which can also be effected directly or indirectly with the commission of an offence, against the society. So, law of bail should balance between two conflicting demands (i) Seilding the society from the misadventures of the person allegedly involved in crime and (ii) Presumption of innocence of the accused till he/they is/are found guilty. The fact that intermediate quantity of contraband has been allegedly recovered from the applicant, is no ground for granting bail to applicants. Moreover, keeping in view the purpose, object and intent of the legislature for enacting NDPS Act, the offenders under the Act need to be dealt strictly in order to put restriction on illegal sale and possession of the contraband substances. Furthermore, as noticed above, the grant or refusal of bail in offences under the Act puts great impact on society. Moreover, the offence allegedly committed by the accused are heinous and serious and against the society, so keeping in view the aim and object of NDPS Act, their 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 applicants-accused are not entitled to bail. With these observations Court rejected bail application.

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