JAMMU: Principal Sessions Judge Udhampur M.L Manhas on Tuesday rejected the bail application of one Salman Chandail, son of Nazir Ahmed Chandail, resident of Village Kheri Ladday Tehsil and District Udhampur who was facing trial in NDPS Act.
According to the charge-sheet, the alleged quantity of poppy straw found in possession of applicant/accused is 54 kg which includes weight of the bags in which it was found but the exclusive weight of the contraband has not been mentioned anywhere in the Challan. It was revealed from the charge-sheet that 54 kg weight is slightly above the intermediate quantity and in case the weight of bags would have been excluded, certainly the alleged quantity of poppy straw would have fallen in intermediate quantity.
After hearing Advocate P.K Jandyal for the applicant whereas Public Prosecutor Navneet Gupta for the State, the court observed that there are accusations against applicant/accused for possessing 54 kg of poppy straw which is a commercial quantity.
“At this stage of bail application, no finding can be rendered regarding the separate weight of plastic bags, as the case of prosecution is that 54 kg of poppy straw along with the weight of bags has been recovered from the possession of the applicant/accused. Even at this stage, no finding can be rendered that there are reasonable grounds for believing that accused person is not guilty of such offence and he is not likely to commit such offence on bail. The trial is being conducted and the prosecution witnesses regarding the seizure of contraband are yet to be examined, and without their examination, no finding can be rendered in regard to fourth factor of Section 37 NDPS Act regarding commercial quantity. This being so, this is the fittest case, where bail ought not to be granted, and applicant/accused at this stage too has failed to carve out a strong case for bail in his favour”, the court observed.
With these observations, Court rejected the bail application.