Swarna Shukla-
Published on: December 07, 2021 at 15: 55 IST
The Punjab and Haryana High Court directed that the correctional action be initiated against the Fresh Sessions Judge (ASJ) who granted Bail to a person indicted under the Narcotic Medicines and Psychotropic Substances (NDPS) Act.
A Single- judge Justice Manoj Bajaj stated that the Order by the Fresh Solicitor Judge (ASJ) granting Bail appeared to be passed on extraneous considerations and after designedly ignoring substantiation.
The matter arose when Indicted Ajay Kumar filed a Plea for a regular bail. Among other grounds, he sought equality with co-accused Pradeep who was granted bail by Fresh Sessions Judge; Bhiwani on November 1.It was submitted that since the execution had set up a common case against both the Indicted persons, the Petitioner should also be granted bail.
It came to light that the Trial Court granted Pradeep Bail on factual grounds, and that the forensic wisdom laboratory (FSL) report relating to the contended contraband was not entered. Still, the Trial Court reasoned that Pradeep had clean antecedents and the alleged supplier had not named him.
The Counsel appearing for the State informed Justice Bajaj that the FSL Report was filed before the Trial Court on June 3 which was well before the order granting bail. It was refocused out that the report quested that the recovered material was “ganja”, within the dimension of narcotic substances.
The single-judge found no merit in the arguments of the Indicted persons and editorialized that the Fresh Sessions Judge, Bhiwani, passed the Order in an arbitrary manner by twisting data to extend the benefit of regular bail to Pardeep.
The Court stated, “The observation that indicted Pardeep wasn’t arrested from the Tempo Traveller gives a print that he wasn’t present at the spot, whereas as per execution, the motorist had tried to escape in a violent manner in order to avoid arrest and seizure of contraband.”
The Bail granted to Pradeep was, hence, cancelled with the Court also directing action against the Judge who granted bail. The original Petitioner in the case withdrew his prayer for regular Bail.