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news details
Court rejects bail application two heroine smugglers
9/4/2019 10:28:13 PM
Early Times Report
Jammu, Sept 4: The 2nd Additional Sessions Judge Jammu Virender Singh Bhou rejected the bail applications of Ghulam Mohammad son of Asadullah Tolla resident of Nawakadal tehsil Eidgah District Srinagar and Lakhbir Singh son of Bachiter Singh resident of Malikpur Miran Sahib Jammu alleged involved in smuggling of heroine.
While rejecting the bail application, 2nd Additional Sessions Judge Jammu Virender Singh Bhou observed that court while considering the application for bail with reference to section 37 of the Act, is not called upon to record a finding of not guilty, it is, for the limited purpose essential confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and record its satisfaction about the existence of such ground. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
So, there is a thin line of demarcation while considering the bail plea of the accused in terms of section 37 of the NDPS Act. The plea of counsel for the accused persons that evidence on record and evidence to be brought on record does not make out a case for guilt of the accused, so they are entitled to bail at this stage, is not embedded with realism and legal sanction. With these observations Court rejected bail application.
Perusal of the charge sheet reveals that 14/15-02-2018 applicants accused while riding on motorcycle bearing registration no. JK02BV-7562 were apprehended near Choudhary tea Stall and on search of accusedGhulam Mohammad Heroin weighing 485 grams was recovered regarding which both of them could not answer satisfactorily and during investigation it came to fore that Ghulam Mohammad has to deal with accused Lakhbir Singh with respect to recovered Heroin.
Applicants-accused were booked by SHO PS Trikuta Nagar, Jammu for the commission of offences punishable under sections 8/21/29 NDPS Act after completion of the investigation presented the charge sheet in the Court.
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