Excelsior Correspondent
Jammu, Dec 21: The Court of Additional Session’s Judge, Doda Amarjeet Singh Langeh has denied anticipatory bail to petitioner in case titled Aftab Hussain vs UT of Jammu and Kashmir in FIR no. 106/2023 for offence Under Section 8/18 NDPS Act.
Allegations against petitioner were that he cultivated opium/poppy crop in land comprising of Khasra No. 1829/885 in the month of May 2023. Two more co-accused also allegedly cultivated opium crop in their land. None of the accused including petitioner have been rounded up till date.
Referring to a judgment of Supreme Court in case titled Pratibha Manchanda vs State of Haryana, Court noted that while right to liberty and presumption of innocence are vital, the court must also consider the gravity of offence, the impact on society, and the need for a fair and free investigation. The Court’s discretion in weighing these interests in the facts and circumstances of each individual case becomes crucial to ensure a just outcome.
The Court observed, “Needless to say, to cultivate (allegedly) contraband crop with palpably vivid impunity-is per se a grave and serious offence. Very un-healthy message would go to public at large if likes of petitioner are admitted to anticipatory bail on facts as out lined in this case”.
“One of the Core objection raised by State is that grant of anticipatory bail to petitioner would encourage other likeminded persons to commit such offences, yet and ironically so, police has not been able to round up petitioner for last nearly seven months. The way police is seemingly dragging its feet from arresting petitioner only highlights a troubling pattern. It is all more important when petitioner is said to be serving in Jal Shakti Department”, Court further observed. With these observations the Court dismissed the anticipatory bail application.
Follow our WhatsApp channel