Excelsior Correspondent
JAMMU, Feb 13: Additional Sessions Judge Jammu Tahir Khurshid Raina today rejected the bail application of one Santosh Kumar of Mumbai, who was nabbed on December 31, 2019 along with heroin.
After hearing Advocate Aadil Mazoor Beigh for the applicant whereas APP Suresh Kumar Sharma for the UT, the judge observed, “keeping in view quantity of contraband seized from the accused, gravity of the crime, level of accusation against the accused being drug peddler and the degree of grievous impact of drug menace on the society , I do not feel legally convinced to exercise discretion of grant of bail to the accused at this stage”.
“Let a message must travels to the society that whosoever will get indulged in such offences should not expect bail as a matter of right at the very next moment of his arrest, to be presented in platter”, the court said, adding “rather the inevitable abode for him will be jail. He cannot take plea of pre-trial conviction or cry for protection of his rights when he has jeopardised the rights of others and his nefarious activities are alleged to cause hazard to the society”.
“Therefore, his right to free movement requires to be curtailed by the process of law for the healthy society. He and his ilk must remember that no fundamental right is an absolute right but subject to various conditions which includes public order, morality and decency”, the court further said.
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