Excelsior Correspondent
JAMMU, Mar 29: Principal Sessions Judge Kathua, M K Hanjura today rejected bail application of Rash Paul Singh, son of Raghuveer Singh of Ward No 17 Kathua, who was involved in drug peddling case.
The accused was arrested on November 19, 2012 at Kali Bari, Kathua along with 1800 intoxicant capsules.
After hearing Advocate Arvind Kumar appearing for the petitioner whereas Public Prosecutor Ravi Kumar Gupta appearing for the State, Principal Sessions Judge observed, “the law is that pursuant to the amendment carried in Section 37 of the NSPS Act, its operation has been restricted only to such cases which are punishable under Section 19, Section 24, Section 27(A) and all offences involving commercial quantity of the narcotic”, adding “Section 37 of the Act does not apply to the other offences. In any case which does not fall within the purview and scope of Section 37 of NDPS Act, grant or refusal of bail has to be considered under Section 497 of the Code of Criminal Procedure”.
“As per the notification issued by the Ministry of Finance (Department of Revenue), the Central Government has made an amendment in the Notification SO 1055 (E) dated 19th of October, 2001 vide which the entire mixture and not the pure drug content of the recovered material has to be taken into consideration while determining whether such material is a small, medium or a commercial quantity”, the court said, adding “the order does not state anywhere that bail can be claimed as a matter of right after the period of ninety days in detention in a case where the seized contraband falls within the scales of commercial quantity”.
With these observations, Court rejected the bail application.
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