Court rejects bail of medical narco smuggler

02/02/2020

JAMMU, FEB 1: Additional Sessions Judge Jammu Tahir Khurshid Raina today rejected bail of Rakesh Kumar S/o Dev Raj R/o Kootah Morh, Hiranagar, District Kathua allged medical narco smuggler seeking default bail.
Court after hearing APP Suresh Kumar Sharma for the UT where as Adv Prince Khanna for the applicant observed that the contraband recovered and seized are the Narcotic Drugs which in their very first look confirms to be Narcotic Drugs as they stand packed in such strips by the Licensed Drug manufacturing companies which carries all the details on its cover. Such drugs by companies when seen in the schedule, Prima facie satisfy that they are the Narcotic drugs, not to be sold in the open market and hence commission of offence is prima facie made out. Of such Narcotic drugs as enlisted in the schedule, when sent to FSL, it simply fortifies what has been prima facie concluded by the IO in the charge sheet as has happened in the instant case which has finally confirmed the conclusion drawn in the charge sheet about the seized drugs. Fact remains that opinion of an expert carries suggestive status and not binding on the court and court can draw its own conclusion based on the material available before it in the chargesheet. Moreover, it is pertinent to mention this settled legal position that at the charge stage it is " The Presumption of guilt" and not Proof of guilt which is to be considered by the court.
Once charge sheet contains all these details, based on schedule of the Act, they are sufficient to take cognizance of the offence and frame charge against the accused.

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