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HC rejects bail application of man caught with heroin

Nagaland News

DIMAPUR, MAY 5: The Kohima Bench of Gauhati High Court on Thursday rejected a bail application of an accused person caught with heroin by Dimapur Police in February this year.
Court records show that even the Court of Principal District & Sessions Judge, Dimapur, had previously rejected the accused person’s bail application on two occasions.
The application before the High Court was filed by the wife of the accused person (who is not named in the Court document).
He was arrested on the basis of an FIR dated February 7, 2022, wherein it was alleged that the cops had recovered from him 2 soap cases containing suspected heroin (approx. 20 gm), cash amounting to Rs 19,000 and one mobile phone.
After hearing arguments by both the Counsels on Thursday, Justice Nelson Sailo noted that, prior to approaching the Division Bench, the wife had filed 2 bail applications before the Court of Principal District & Sessions Judge, Dimapur, and both were rejected.
“No doubt the case against the accused person may have been registered under Section 22(c) of the NDPS Act, but the same is only at a stage where investigation is being done and the same by no means can be said to prejudice the accused person, more particularly when he has admitted to having possessed the alleged drugs kept in 2 soap cases in the statement made before the Police.
“The Case Diary further reveals that according to the accused person, the drugs were procured from one Mr. Kumar, who in turn had procured the same from Manipur”, the Judge stated before pointing out that the Supreme Court, in a catena of decisions, has held that while considering bail application by accused/applicant involved in offences under NDPS Act, the legislative mandate of the NDPS Act has to be adhered to and followed.
“One of the important ingredients is that the Court must be satisfied that there are reasonable grounds to believe that the accused person is not guilty of such offence. However, in the facts of the present case, from a perusal of the Case Diary, it appears that there are reasonable grounds to believe that the accused person is fully aware of the fact that he is in possession of the drugs.
“In that view of the matter, I am not inclined to grant bail to the accused person at this stage. The application, therefore, stands rejected”, he ruled.
(Page News Service)

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