Excelsior Correspondent
SRINAGAR, July 14: High Court rejected to grant bail to an accused arrested for selling essential commodities at exorbitant rates to the general public by observing that the accused has been arrested for commission of non-bailable offence.
The accused-Mohammad Amin Khan has approached the court with the plea that declaring the offences under the Act of 1955 for which he has been arrested as bailable and consequently release him from incarceration.
As per the police report, Police Station, Ganderbal petitioner-Khan a shopkeeper at Beehama, had stored kerosene oil illegally and was selling the same to the public at large at exorbitant rates. On receipt of the information, the police registered case FIR No.112/2021 for commission of offences under Section 3/7 of the Act of 1955.
During investigation a huge quantity of kerosene -14960 litres- was recovered from the possession of the accused. The seizure memo was prepared, samples were taken in presence of the Executive Magistrate, Ganderbal, sent to the FSL for opinion and statements of the witnesses under Section 161 CrPC were also recorded. The police found the offences alleged against the petitioner having been established
Justice Sanjeev Kumar while declining to grant the bail to the accused-Khan recorded that in terms of Section 10-A of the Act of 1955, as it exists today, offences punishable under the Act of 1955 shall be bailable or non-bailable depending upon the punishment prescribed by Section 7 of the Act of 1955 read with provisions of Part II of Schedule First of the Code of Criminal Procedure, 1973.
Court said the application under Section 438 of the Code of Criminal Procedure for grant of bail in anticipation of arrest would be maintainable in relation to the offences which, as per the punishment prescribed, shall be non-bailable, as per Schedule First Part-II of the Code of Criminal Procedure.
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