Union Of India vs Sammy Sherawat
2021 Latest Caselaw 1621 j&K

                                                                         Sr. No. 69




    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU
                                              Bail App No. 124/2021(O&M)


Union of India                                    .....Appellant(s)/Petitioner(s)
                       Through: Mr. Vishal Sharma, ASGI
                  vs
Sammy Sherawat                                               ..... Respondent(s)
                       Through: Mr. Prince Khanna, Advocate

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                   ORDER

The present application has been filed by the Union of India-

petitioner for cancellation of the bail granted by the court of 2nd Additional

Sessions Judge, Jammu (hereinafter to be referred as the trial court) vide order

dated 29.01.2021. The petitioner figures as accused in complaint, titled, Narcotics

Control Bureau vs Ramveer Singh and others for commission of offences under

sections 8, 20, 29 and 60 of the Narcotic Drugs Psychotropic Substances (NDPS)

Act. The learned trial court vide order dated 29.01.2021 has granted the bail to the

respondent.

The petitioner has sought the cancellation of the bail of the

respondent only on the ground that the complicity of the respondent in the

commission of offence stands established by the statement of the co-accused in

terms of section 67 of the Act and also the statement of petitioner himself

recorded under section 67 of the NDPS Act.

Learned trial court has already observed that the statement recorded

under section 67 of the NDPS Act cannot be considered in light of judgment of

Apex Court in Toofan Singh vs State of Tamil Nadu. The learned trial court has

considered the bail of the respondent and passed the order impugned well within

the domains of the law as such, this Court does not find any reason whatsoever to

take view contrary to that of the trial court, particularly when there is no other

material to connect the respondent with the commission of offence.

In view of the above, the instant application has no merit and is

dismissed.

(RAJNESH OSWAL) JUDGE

Jammu 06.12.2021 Rakesh

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No