STATE TIMES NEWS JAMMU: Principal Sessions Judge Jammu Vinod Chatterji Koul on Friday rejected the bail application of Fiza Hussain, son of Mohammad Abdullah Dar who was driver of DIG from whose possession 600 gm of heroin was recovered. After hearing Advocate Imran Akram for the applicant whereas Rakesh Badyal Public Prosecutor for the State, the court observed that accused is Head Constable of police and was driver of official vehicle of the DIG, when he was apprehended and commercial quantity of heroin was recovered from his possession which he had kept under his seat. The court observed that the alleged quantity of contraband recovered from the possession of accused /applicant is of commercial quantity as such the issue of grant of bail to accused /applicant is governed by the mandate of Section 37 of NDPS Act therefore, even if any doubt arises on account of contradiction in statements of witnesses as pleaded by the counsel for the accused, the benefit of same is not to be granted at this stage of bail to the accused. The Court observed that in the instant case the rights of the society need to be protected by keeping accused behind the bar particularly when the accused is a police official and remaining witnesses are yet to be examined by the prosecution. With these observations, court rejected the bail application.
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