The post covers Bail Cancellation Free Legal Advice wherein bail granted by CJM in NDPS case was under challenge.

‘BAIL ORDER ILLEGAL’ COURT ORDER TRIO TO SURRENDER

In present post we will read about the court stating the bail order as illegal and it ordering the trio to surrender.

Background Facts

  1. A court of additional sessions judge Ved Parkash Sirohi accepted the revision petition of the state and dismissed the cancelation of bail petition citing that applicant (eyewitnesses of the case who conducted this sting operation) have no authority or competence to file the present application.
  2. In the revision petition, the judgement court observed that “Section 36-AC of the Drugs Act also makes it clear that the application for grant of bail under Section 28 of the Drugs Act can only be entertained by the Special Court.
  3. Thus, learned CJM, Hisar, had no jurisdiction to entertain the applications for grant of bail to the accused who were booked under various provisions of the Drugs Act referred to above and she has acted beyond jurisdiction and the impugned order granting bail to the accused are apparently illegal, without jurisdiction and liable to be set aside.”
  4. The application for bail cannot be solely dismissed on the ground of seriousness of the offence, but here in this case, learned CJM has acted beyond jurisdiction. She was not competent to take cognizance of the matter and to entertain the applications for grant of bail to the respondents-accused in the aforementioned sections of the Drugs Act,” the court observed.
Bail Cancellation Free Legal Advice
Bail Cancellation Free Legal Advice

Also Read- Procedure for Cancellation of bail – FREE LEGAL ADVICE

Court’s Observation

The court also observed that “the offences alleged to have been committed by the respondents-accused are not only serious, grievous but also heinous as well. The patient on the death bed is crying for medicines whereas the medicines necessary for Covid-19 treatment are being black-marketed at exorbitant prices.

The accused have committed an offence against society.” Urban Estate police station had registered a case against Arun Khurana, the owner of Holi Medical Hall situated inside Holy Help Hospital in Hisar, nephew Partha Khurana under Section 27(b) (sale drug without a valid licence), 28 (non-disclosure of the name of the manufacturer) of the Drugs and Cosmetics Act, Section 51(b) (refuses to comply direction) of the Disaster Management Act, Section 3 (control production, supply, distribution, etc., of essential commodities), 7 (penalties) of the Essential Commodity Act.

Also Read- Cancellation of Bail Archives | SCC Blog

Court’s Order

Holding the bail order of three accused allegedly involved in black marketing of antiviral injection Remdesivir, a Hisar court has set aside the order and directed the accused, Arun Khurana, Parth Khurana and Mukesh Malik alias Geeka to surrender before the court.

In case the accused don’t surrender, the court has directed the Senior Superintendent of Police (SSP) to ensure their arrest and produce them before the court at the earliest.

Also Read- Cancellation of bail: all one needs to know – iPleaders

Witnesses to move to HC

Eyewitnesses’ advocate Manmohan Rai, who had filed the cancelation of bail petition, said, “Though we have got the relief which we sought in our petition, several judgments of the Supreme Court in the past had made it clear that the common man can also file a petition to seek cancelation of bail in crimes against the society. But the district court did not accept this, so we will move the high court against the order to get the law settled.”

For case specific advice, please contact bail cancellation lawyers advocates in Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi.

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