E-Paper
HC seeks explanation from Sirsa sessions judge on bail in drugs seizure case
The Punjab and Haryana high court has sought an explanation from the Sirsa district and sessions judge in a narcotics case in which the accused was granted bail even as the matter was pending before the HC
The Punjab and Haryana high court has sought an explanation from the Sirsa district and sessions judge in a narcotics case in which the accused was granted bail even as the matter was pending before the HC.
The high court bench of justice HS Madaan, acted on the plea of G Hemavathy, a senior citizen, who was arrested in connection with alleged drug seizure case by the Sirsa police on March 21.
The 70-year-old woman is a resident of Delhi, with permanent address of Chennai. She was travelling from Delhi to Sirsa with two others in a car in which 450gm heroine was recovered from a box. The FIR was registered on March 21 at Ding police station. The two other accused had claimed that they bought heroine from the woman.
“Let the explanation be obtained from learned Sirsa sessions judge as to how did he entertain and decide the petition for regular bail when similar petition was pending before this court (sic),” the bench of justice Madaan said further asking the judicial officer to report whether pendency of the petition before the HC was brought to his notice by the public prosecutor representing the state or by the police officer concerned.
The judicial officer has also been asked to explain how he released the accused on bail without considering the bar of Section 37 of the NDPS Act, which says “no person accused of an offence punishable under provisions of the NDPS Act for offences involving commercial quantity shall be released on bail”.
The bench also asked the Haryana government counsel to bring the matter to notice of director prosecution, Panchkula (Haryana) and director general of police, Haryana.
The accused woman had moved a bail plea on May 24 against the dismissal of bail plea by the sessions court on April 27. The matter came to light when the accused, through an application filed in May 24 plea, had requested the court for withdrawal of the bail petition.
“It is strange that the petitioner was availing remedy in two courts simultaneously,” the court said, adding that a perusal of the record will show that the accused approached sessions court on June 25 and the plea was decided on June 28, whereas the petition before the high court was pending before that since May 6 (taken up on May 25).
The HC has directed the Sirsa sessions judge to submit the report on the episode by July 22 and registry has been directed that the same be put up before the court on July 30.
The high court, however, has allowed the petitioner to withdraw the plea, which means she will remain out of jail.
