Excelsior Correspondent
JAMMU, Sept 2: Additional Sessions Judge Jammu Tahir Khurshid Raina has denied bail to Parveen Kumar alias Heera, a chemist shop owner, who was nabbed for selling banned drugs without prescriptions.
“As per the charge sheet not only the accused is found to have direct link with the co-accused from whom intermediate category of the contraband drugs have been recovered but he is used as pimp for supplying this narcotic drug in the society especially to the younger generation”, the court observed.
“Moreover, the most serious part of charge sheet prominently relates to accused-applicant only who is the supplier of contraband drug in the area and as reported, just in one year span he has sold and supplied illegally more than 14000 narcotic drugs like Tramadol, Alprozolam, etc in the society which are quite huge, crosses the mark of commercial quantity under the NDPS Act”, the court said, adding “the nacrotic drug and psychotropic substance like Tramadol hydrochloride and Alprazolam which is alleged to have been sold and supplied by accused-applicant fall in schedule H of the Drugs and Cosmetics Rules 1945 which prohibit the licensed chemist to sell such drugs without prescriptions and without maintaining record of the same”.
“It is in fact ironical that a very pious human service occupation has been grossly misused for greed. Instead of acting as a source of panacea of ailments, he himself became the source of ailment in the society by pushing the younger generation into the dark clouds of dejection and despair”, Additional Sessions Judge observed, adding “the offence which stands committed by the accused/applicant is very serious, obnoxious, condemnable, with huge fatal impact on the society”.
“The oft quoted dictum of criminal justice system has been referred by the counsel for the accused—Bail is a rule and jail is an exception. There is no disagreement with this mandate of criminal justice system. However, in my opinion, this dictum always moves subordinate to application of mind and judicial discretion to be applied judiciously , in accordance with the facts and circumstances of every case”, Additional Sessions Judge further observed, adding “the blind and blanket application of this dictum can result into injustice to the complainant and to the society”.
With these observations, court rejected the bail application.
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