Excelsior Correspondent
JAMMU, July 8: Principal Sessions Judge Kathua, M K Hanjura today rejected bail application of one Mool Raj alias Guddu, son of Bua Ditta of Lakhanpur, who was allegedly involved in charas smuggling.
After hearing Advocate A Slathia for the petitioner whereas Public Prosecutor Ravi Kumar Gupta for the State, Principal Sessions Judge observed, “according to Department of Revenue, Government of India possession of one and a half kilograms of charas falls within the scales of the commercial quantity. This attracts the bar created by Section 37 of the NDPS Act”.
“Counsel for the petitioner has, however, strenuously argued that the health condition of the petitioner, who is a handicapped person and walks with the help of crutches, warrants the exercise of the discretion of the grant of the bail in his favour”, the court observed, adding “this appears to be a specious argument when tested on the touchstone of reason, logic and the law on the subject. If the argument of the counsel for the petitioner is considered in that event those suffering from a disability will be used by the drug mafia as their carriers to indulge in drug trafficking activities”.
“The fact that there are sufficient facilities in the jail premises and other hospitals for providing medical treatment to the patients cannot be lost sight of. The recovery is of a commercial quantity. In this view of the matter, the petitioner cannot be released on bail”, the Court said and dismissed the bail application.
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