Court rejects bail of narco smuggler


JAMMU, APRIL 22: Additional Sessions Judge Kathua Jatinder Singh Jamwal rejected the bail application of one Iftikhar Ahmad Dass S/o Assadullaha Dass R/o Bijbhera. Additional Sessions Judge Kathua Jatinder Singh Jamwal after hearing APP Vikrant Sharma for the prosecution and on perusal of the contents of the application made by Iftikhar Ahmad Dass S/o Assadullaha Dass R/o Bijbhera ; the report submitted by the authorities of Police Post:Hatli; the 'Statement of Objections 'filled by the APP , considering the rival submissions made by Ld. Counsel for the applicant and Ld. APP, who joined through Audio- link, the bail plea of the accused/applicant, who along with others is booked in a Case registered vide FIR No. 58/2020 of Police Station: Kathua for offences made punishable U/Ss 8,15,21and 29 of the NDPS Act, is refused for the reason/s that the accused is involved in a Case pertaining to 'Commercial Quantity' of Narcotics and, therefore, the rigour of Sec. 37 of the NDPS Act is fully attracted in the present case particularly when the investigation of the case is in progress. That apart,the case of the applicant is not covered by the Order dated:01/04/2020 issued by the State Legal Services Authority which has allowed concession of interim-bail to those under-trial prisoners who have only one Criminal Case pending against them and that too for offences which are punishable with sentence of less than seven years of imprisonment. The order (supra) itself excludes the cases involving 'intermediate 'or 'commercial ' quantity of Narcotic .Reliance on two rulings as reported in:2019(1)JKJ693 and 2019(1)JKJ 165 , is altogether misplaced for both the said cases pertained to 'intermediate ' quantity of Narcotic/Drugs where in the rigour of Sec 37 of the Act (supra) was not attracted. In the circumstances, this application shall stand dismissed.

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