STATE TIMES NEWS
JAMMU: Chief Judicial Magistrate (CJM) Kathua Amarjeet Singh Langeh on Tuesday rejected the bail application of two alleged smugglers of willow clefts and banned polythene bags.
According to the police case, on 29th May 2017, one Pankaj Khajuria, son of Bodh Raj, resident of Janglote, Kathua, posted as Forester at Lakhanpur along with his brother Munish Kumar (Petitioner No.1) was involved in smuggling of banned items like polythene bags from outside State of J&K and in smuggling of willow clefts etc. from State of J&K to other States via river Ravi. The police received this information that Pankaj along with his brother and one Mohammad Akram Khan (Petitioner No. 2) in furtherance of criminal conspiracy were smuggling large quantity of the polythene bags loaded in truck (JK02D-8781) in violation of notification of District Magistrate, Kathua and thereby cheating Sales Tax Department, Pollution Control Board and Excise Department. Based on this information, FIR No. 166 of 2017 for offences under Sections 420, 188 and 120-B of RPC and Section 6 of J&K Non-Bio-Degradable Material (Management Handling and Disposal) Act, 2007 was registered and investigation began.
During the course of investigation, a Naka was laid at Kalibari-Kathua by SHO Police Station, Kathua and his team. During Naka checking, it was alleged that driver of truck bearing registration no. JK02D-8781 stopped the said vehicle at some distance from police team and one Pankaj Khajuria jumped from aforesaid truck and escaped by taking advantage of darkness and the two petitioners, however, were nabbed on spot. During investigation, it was alleged that 128 quintals of polythene bags were recovered from the possession of accused including petitioners.
Accused are alleged to have bye-passed Toll Post, Lakhanpur by sneaking through river Ravi. Evidence collected during investigation thus far explicitly demonstrated not only the audacity that petitioners/accused have shown in dodging Toll Post, Lakhanpur, Lakhanpur police and officials of Pollution Control Board, Kathua in sneaking into the jurisdiction of police station, Kathua with 128 quintals of banned polythene loaded in a truck but their act speaks volumes about the way they have thrown to winds provisions of penal law of the State, relevant notification on subject and sections 7/10 of J&K Non-Bio-Degradable Material (Management Handling and Disposal) Act, 2007.
The CJM Kathua after hearing both the sides observed that in the interest of public at large, and in the interest of objectives observed that J&K Non-Bio-Degradable Material (Management Handling and Disposal) Act, 2007 seeks to achieve, a clear signal, therefore, needs to be sent to un-scrupulous business operators that law does not and will not relent against smuggling of banned Non-Bio-Degradable Material like the seized polythene bags in the case at hand weighing 128 quintals in quantity. With these observations court rejected the bail application of Munish Kumar Khajuria, son of Bodh Raj, and Akram Khan, son of Liaqat Ali, both residents of Janglote in Kathua.
