Excelsior Correspondent
JAMMU, Dec 25: Principal Sessions Judge Samba, Kartar Singh has rejected three bail applications filed by Sunny Anand, son of Romesh Chander Anand of Jain Bazaar, Ajay Kumar, son of Nathu Ram of Sujaini, Samba and Sanjeev Anand of Bakshi Nagar, who were involved in charas smuggling.
According to the police case, on November 23, 2012 a police party intercepted a car bearing registration No. JK02AP/4822 and subjected all the three persons traveling in the vehicle to frisking.
Police recovered 112 grams of charas from Sunny Anand and 164 grams from Ajay Kumar. The vehicle was also searched and from its dickey, a plastic envelope containing 385 grams of charas was recovered.
After hearing Advocates Ganesh Sharma, Rajeev Gupta, MS Sambyal and R S Sambyal for the petitioners whereas Public Prosecutor Sukhdev Singh Sambyal for the State, Principal Sessions Judge observed, “in all the cases the contraband is greater than small quantity but certainly lesser than commercial quantity as notified under Section 2 of the NDPS Act. Therefore, the limitation of granting bail as mentioned under Clause (b) of Sub-Section (1) of Section 37 is not applicable in the case”.
“I am of the opinion that at least two conditions should be kept in mind at the time of considering the bail application under Section 439 CrPC where the contravention of provisions of the Act involves for lesser than commercial quantity and greater than small quantity”, the Principal Sessions Judge said, adding “in such matters normally the accused should not be released on bail till the filing of the charge sheet in the court”.
With these observations, Court rejected the bail applications of the accused persons.
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