Excelsior Correspondent
Srinagar, July 29: High Court today refused to grant bail to an accused involved in drug trafficking with the conclusion that the accused is facing trial for commission of heinous offence and the menace of the drug is not only destroying the social fabric of the society but also has been causing severe damage to the economy of the country.
Justice Rajnesh Oswal said the bail application moved by the applicant Harvinder Singh is found to be devoid of any merit, as such, dismissed it.
Justice Oswal said this is not the case where the applicant deserves to be enlarged on bail. “Judgments relied upon by the counsel for the petitioner are not applicable at this stage in the present facts and circumstances of the case”, Court observed.
The bail application was filed by the applicant, who is facing trial in challan, titled, arising out of FIR bearing No. 58/2017 registered for commission of offences under sections 8, 21 and 15 of the NDPS Act for grant of bail.
Earlier he had filed the bail application before Principal Sessions Judge, and the same was rejected by the trial court vide order dated 08.09.2020. He has filed the instant bail application on the ground that the police have allegedly recovered the Heroin weighing 3 Kg 905 grams and Poppy Straw weighing 2 Kg from the him and after completion of the investigation, the challan was filed before the trial court and the trial court vide order dated 21.07.2017 has framed the charges.
Response filed by the prosecution in which it is stated that the offence is very heinous and is against the society at large and the petitioner has committed a heinous crime and does not deserve any grant of bail.
Prosecution counsel vehemently submitted that the applicant has committed an offence which is against the society and the contraband allegedly recovered from the petitioner falls within the category of commercial quantity so the petitioner is not entitled to any bail.
Court in order to get the bail in commission of offence involving commercial quantity of contraband said, the applicant has to demonstrate that there are certain factors those clearly point out that is not at all guilty of offence.
“Further there is no likelihood of him for committing the similar offence while released on bail. So far as in the instant case, the prosecution is still leading evidence and has not concluded the evidence, so this Court at this stage is unable to form an opinion that the petitioner is not guilty of offence for which he has been charged. This Court has deliberately not appreciated the evidence lest it shall cause prejudice to either of the parties during trial”, reads the judgment.
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