When A Graver Offence Is Added Against An Accused On Bail, Investigation Agency Has Option To Arrest After Seeking Fresh Order From Court
Case: Tufail Ahmad Chota Vs State of J&K
Coram: Justice Sanjay Dhar
Case No.: Crl. R No.31/2021
Court Observation: “There is also material on record in the shape of bank transactions to show that the petitioner and co-accused were financing the illicit traffic of drugs. Thus, there is sufficient ground for presuming that the petitioner was in possession of drugs containing psychotropic substances and was also a party of a criminal conspiracy to commit offences punishable under the NDPS Act. In these circumstances, the impugned order passed by the learned trial court whereby the petitioner has been charged for offences under Section 8/21/22/29/27-A of NDPS Act does not deserve to be interfered with”
“When a graver offence is added, the accused who is on bail has an option of surrendering before the Court and apply for bail for newly added offence or even the investigating agency, on addition of a graver offence, has an option to proceed to arrest the accused but before doing so, it need to obtain an order of arrest against the accused from the Court that had granted the bail”
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