Narco-terror accused granted default bail
Excelsior Correspondent
Jammu, Mar 1: Session Judge Barmulla with special powers under ULA (P) Act additional charge as Additional Session Judge Sanjay Parihar today granted bail in default to accused by the composite order in four bail applications under FIR No. 57/2020 of Karnah police station on the grounds of non-submission of charge sheet within the prescribed time and lackadaisical approach in dealing case.
As per police report, it was on 26th of July 2020 when two vehicles were intercepted which were driven by accused Ameer and Bashir Ahmad and upon search huge quantity of arms and ammunition including AK-56 rifle, its magazine, Pistol, pistol rounds and 10 packets of narcotic drug weighing approximately 10 kgs, liquor bottles, which was meant for narco terrorist activities, were recovered.
During the course of investigation it revaled that accused were indulged in transporting the narcotic substance weighing 10 kgs. brown sugar which was meant to put on sale and sale proceeds were to be used for commission of unlawful activities. It was submitted that investigation of the case has been closed as challaned and matter has been placed before the Home Department for grant of sanction.
Granting bail to accused, the court observed that after giving thoughtful consideration to the police , the petitioners have acquired an indefeasible right to be enlarged on bail because even after the expiry of 180 days prosecution has not filed charge sheet against them, therefore, they have been able to make out a case for default bail under Section 167(2) of the Code. and directed to release them from custody subject to furnishing of surety of Rs one lakh each.
Court said in terms of Sec. 43-D prosecution secured in taking remand of the accused to the maximum period of 180 days thereafter it also took benefit of Section 36(A) of the NDPS Act and got the investigation period extended for another 30 days until 20.02.2001.
Where-after no efforts have been made by the Investigating agency to get the period extended because in terms of Sec. 36(A) NDPS Act it had the liberty to get the extension up to maximum of one year.
Since the sanction in terms of Sec. 45 of ULA(P)Act had not been granted as such even after 210 days of custody it could not file the chargesheet resultantly petitioners/accused had to be bailed out in terms of statutory period. “It is astonishing to note that despite such huge cache of arms and ammunition and narcotic substance which during the course of hearing was in terms of FSL report is stated to be brown sugar, this recovery was therefore a classic because of narco terrorist nexus in order to further causing of terrorist activities in this part of the UT the court said and added question would be asked that when in case of mere recovery of one grenade or live cartridges the sanction is granted within the statutory period then why not in the case of present nature sanction has been granted.
Though at stage of consideration of bail application this court had no business to look into this arena however it cannot be oblivious of the some type of collusion between the authorities at the helm of affairs that have led to non-granting of sanction as a result accused have been able to get bail out. This aspect has got to be verified at the highest level.
Court directed to sent copy of the order to Director General of Police, Commissioner/Secretary Home Department as well as to Chief Secretary with the direction that they should look and ponder over the matter because war on terror cannot be fought by adopting such process.
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