Excelsior Correspondent
Srinagar, Jan 29: High Court today granted bail to a person involved in drug trafficking with the view that the prosecution after a lapse of more than two and half years failed to disclose the presence of percentage of narcotic contents in the seized material.
Justice Tashi Rabstan admitted to bail the applicant-Lovedeep Nath on furnishing bail bonds to the tune of Rs.20,000 with two sureties of the like amount to the satisfaction of jail authorities. Further the applicant has been directed to appear before the trial Court on each and every date of hearing as also not to leave the territorial jurisdiction of the UT of J&K without prior permission.
As is evident from the status report filed by the investigating agency in opposition to the bail, the court said it is silent regarding the presence of percentage of narcotic content in the capsules or the weight of capsules allegedly recovered from the possession of accused.
“The status report came to be filed on 29.11.2021 and even after a lapse of more than two years and eight months, the investigating agency/respondents have failed to disclose the percentage of narcotic content in the capsules”, Justice Tashi said.
The respondent-prosecution also have not denied that the Challan as well as the report of FSL which did not mention the percentage of narcotic content in the capsules. The court while granting bail to the accused said there is a force in the argument of the counsel for applicant that the embargo contained under Section 37 of the NDPS Act is not applicable in the present case once the investigating agency has itself failed to disclose the percentage of narcotic content in the capsules or the weight of capsules in the Challan.
“A perusal of the status report reveals that the investigation has not been conducted in a professional manner as the status report, reveals that that during the course of investigation it was found that the accused, namely, Jaswant Singh was in the business of selling narcotics. It is also the stand of respondents in the status report that the main accused, namely, Ajay Kumar Anand, who was arrested on 25.03.2019, has already been admitted to bail on 05.10.2019”, Justice Tashi recorded.
Trending Now
E-Paper
Follow our WhatsApp channel