Excelsior Correspondent
JAMMU, Feb 1: Additional Sessions Judge Jammu Tahir Khurshid Raina today rejected bail application of Rakesh Kumar, son of Dev Raj of Kootah Morh, Hiranagar, an alleged medical narco smuggler.
After hearing Additional Public Prosecutor Suresh Kumar Sharma for the UT where as Advocate Prince Khanna for the applicant, the court observed, “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”, the court further said, adding “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”.
“I do not sustain the argument of the counsel for the accused that the charge sheet which was filed on 30.7.2019 was an incomplete for short of FSL report. On the contrary the charge sheet is sufficient to take cognizance of the offence by the court. In this backdrop, the FSL report based on the samples of the seized material during the investigation, filed even after completion of 180 days can be filed by the prosecution as it was based on the investigation done earlier and same was brought on record on 14.1.2020”, the Judge said.
With these observations, court rejected bail application.
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