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Make random calls to foreigner in drugs case, Punjab and Haryana High Court tells SHO

Saurabh Malik

Press Reporter News Service

Chandigarh, July 14

In an out-of-the-ordinary order, the Punjab and Haryana Excessive Courtroom has requested a Station Home Officer to make random calls to a international nationwide allegedly concerned in a medicine case. The officer was additionally requested to maintain tabs on his whereabouts.

The path got here because the Excessive Courtroom made it clear that nationality was not an element to be considered whereas deciding bail pleas. Stringent situations might be imposed, however bail couldn’t be denied on the bottom that the accused was a international nationwide.

The instructions by Justice Suvir Sehgal got here after the state counsel opposed a bail plea on the bottom that the accused was a international nationwide. The state counsel, upon directions from a police official, submitted that the petitioner was a citizen of Nigeria. “It has been seen that when international nationals are launched on bail, they invariably abscond or go underground, which hampers the trial”.

The state counsel added that the medication recovered from the petitioner fell throughout the ambit of business amount and the bar contained in Part 37 of the Narcotics Medicine and Psychotropic Substances Act was attracted.

The accused was in search of common bail in an FIR registered on March 29, 2017, below the provisions of the NDPS Act on the Zirakpur police station in Mohali. The prosecution had claimed that an individual was apprehended by the police with 18 gm of intoxicating powder. Throughout investigation, he named the petitioner because the individual from whom he had bought the contraband. On the premise of his assertion, the police arrested the petitioner from New Delhi in March 2017 and allegedly recovered 190 gm of cocaine and 300 gm of heroin from him.

Justice Sehgal asserted that the Supreme Courtroom, within the case of “Lachhman Dass versus Resham Chand Kaler and one other”, had dominated that the legislation below Part 439 of the CrPC on common bail was very clear. Within the eyes of the legislation, each accused was the identical no matter nationality.

Granting bail to the accused, Justice Sehgal noticed that his interval of incarceration was by now greater than 4 years and the trial was not prone to come to an finish within the close to future. For allaying the state counsel’s apprehensions, Justice Sehgal requested the accused to report back to the police station involved twice a month. He was additionally requested to offer his residential tackle, alongside together with his proof of precise keep, and cell quantity to the SHO of the police station involved for making random calls. The petitioner was additionally requested to give up his passport and stay current earlier than the trial court docket on every date of listening to.

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