Excelsior Correspondent
JAMMU, Dec 22: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi has rejected the bail application of narco smugglers Bharat Singh, son of Chajju Singh of Akhnoor and Ashok Kumar, son of Bodh Raj of Gangyal, who were convicted and sentenced by Principal Sessions Judge Jammu.
The narco smugglers were arrested on the intervening night of January 30-31, 1998 along with 27 kilograms of heroine and 150 grams of opium. On April 27, 2012 Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal awarded 20 years RI and fine of Rs 1 lakh each to both the accused. However, the convicted narco smugglers challenged the sentence in the High Court.
After hearing Advocates BL Chatta and Basit M Keng for the appellants whereas ASGI K K Pangotra for the respondents, Division Bench observed, “Section 37 of the NDPS Act does not permit grant of bail to a convict, who has been found guilty of such a heinous crime. The basic requirement of Section 37 is that the applicant-accused can be admitted to bail if the Court records the conclusion that the applicant-accused is likely to be declared innocent and not guilty of any offences under the NDPS Act”.
Accordingly, the Division Bench found no ground to enlarge the applicants-accused on bail.
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