Excelsior Correspondent
JAMMU, July 5: 1st Additional Sessions Judge Jammu, M A Chowdhary today rejected the bail application of one Mohd Shakeel, who was arrested by the Gandhi Nagar Police under NDPS Act for smuggling intoxicants.
After hearing Advocate ZS Malik for the applicant whereas APP Ajay Singh Manhas for the State, the court observed, “Section 37 of the NDPS Act creates a bar to the release of an accused on bail, unless Public Prosecutor has been given an opportunity to oppose the application and there are reasonable grounds to believe that the accused is not guilty of offences punishable under Section 19 or Section 24 or Section 27A and also offences involving commercial quantity”.
“These limitations are in addition to the limitations as imposed under the Code of Criminal Procedure. In short, the rigour of Section 37 of NDPS Act has to be applied with all harshness and commercial quantity of the psychotropic substance has been allegedly recovered from applicant, which entail sentence to rigorous imprisonment which may extend to twenty years and fine up to Rs 2 lakh”, the court said, adding “investigation of the case has not been completed so far and there is no material before this court to record its satisfaction that the accused has not committed such offence of which he has been alleged to have committed”.
With these observations, court rejected the bail application.
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