STATE TIMES NEWS
JAMMU: Special Excise Mobile Magistrate Jammu, Umesh Sharma has rejected bail petition of one Talib Hussain, son of Mohd Ashraf, resident of Taquchak, Domana who is facing trial in a drug peddling case. In the order, Special Excise Mobile Magistrate held that arguments given by the Counsel on behalf of applicant in support of plea are distinguishable from facts of instant case. Counsel for applicant pleaded that his client has been arrested by police in a false and frivolous case from last more than two months and applicant is still in custody of police. He further pleaded that applicant is a married man with two minor kids and a sole bread-earner of family and if bail is granted, he is ready to abide by all terms and conditions imposed by the court.
In reply, APP for UT of J&K, Yogesh Bamba argued that offence committed by the accused is serious and heinous in nature and custody of accused is further required to work out all those. He further said that accused is involved in the commission of offences punishable under sections 304-II, 109, 297 IPC read with section 8,21,27 of NDPS Act under a case registered at Police Station Bahu Fort Jammu. Offences committed by accused are anti-social and non-bailable in nature as such accused cannot claim bail as a matter of right, he added. He further said that FSL report is yet to be obtained FSL as such grant of bail to the accused at this preliminary stage will cause great prejudice to the investigating agency and offences committed are against society at large. The accused by indulging in illicit trade of drug trafficking is spreading evil of drug addiction in the society which is spoiling the lives of young boys and girls, as such do not deserve any leniency from the court and is required to be dealt firmly.
After hearing both the sides, the Special Excise Mobile Magistrate said that a strong prima facia has been made out against accused and offences allegedly to have been committed by the accused are very serious in nature. Moreover, judgements/orders placed on record by Counsel for applicant/accused in support of his case are clearly distinguishable from facts of the instant case. In view of all what has been discussed, the Special Excise Mobile Magistrate rejected bail application of accused.