JAMMU, Sept 4: 2nd Additional Sessions Judge Jammu Virender Singh Bhou today rejected the bail applications of Ghulam Mohammad, son of Asadullah Tolla of Srinagar and Lakhbir Singh, son of Bachiter Singh of Miran Sahib, who were allegedly involved in smuggling of heroin.
“The court while considering the application for bail with reference to Section 37 of the NDPS Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially 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”, 2nd Additional Sessions Judge said.
“However, 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”, Judge said, adding “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.