Excelsior Correspondent
JAMMU, May 13: Principal Sessions Judge Kathua, M K Hanjura today rejected the bail application of one Lekh Raj, son of Amru Ram of village Sandhi, district Kathua, who was involved in a case under NDPS Act.
After hearing Advocate Dewan Singh for the accused person whereas PP Ravi Kumar Gupta for the State, Principal Sessions Judge observed, “in any case where the rigor of Section 37 NDPS Act applies, default bail cannot be claimed after the expiry of the period of 90 days. The argument of the learned counsel is a specious one. It cannot be considered in light of the facts and the circumstances of this case where a commercial quantity of narcotics is alleged to have been recovered from the accused”.
“The issue under the consideration of the Apex Court in the above judicial precedent was the extension of time after the period of 180 days of detention by a cryptic order without notice to the accused. The order does not state anywhere that bail can be claimed as a matter of right after the period of 90 days in detention in a case where the seized contraband falls within the scales of commercial quantity”, the Court further observed.
With these observations, Court rejected the bail application.
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