BHARAT SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The applicants have prayed for suspension of sentence imposed on them by the learned Special Judge (Pr. Sessions Judge), Jammu. It is appropriate to mention that the applicants have been found guilty of offences under Section 21 and 23 of NDPS Act, 1985. Accordingly, they have been convicted and awarded sentence of 20 years rigorous imprisonment and fine of Rs.1.00 lac vide order dated 27.04.2012.

(2.) We have heard learned counsel for the applicants and are of the view that there is no merit in the bail application. Section 37 of the Act does not permit grant of bail to a convict who has been found guilty of such a heinous crime. According to the findings recorded by the learned Special Judge, the applicantsaccused were found to be in conscious possession of the contraband. The recovery shows 27 packets of Heroine, 150 grams of opium, 2 rubber tubes and 1 Shawl. The total weight of the Heroine is 27 Kgs and that of Opium is 150 grams beside other items. The recoveries are stated to have been effected at the instance of the applicants-accused. At this stage, it cannot be concluded that the applicants-accused would not be found guilty of the offences under Section 21 & 23 of the NDPS Act. The basic requirement of Section 37 is that the applicantaccused can be admitted to bail if the Court records the conclusion that the applicant-accused is likely to be declared innocent and not guilty of any offences under the NDPS Act. The case in hand is not of that nature. Accordingly, we find no ground to enlarge the applicants-accused on bail.

(3.) The bail application fails and the same is dismissed.