LIAQAT HUSSAIN Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-8-68
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 25,2020

Liaqat Hussain Appellant
VERSUS
Union Territory Of JAndK Respondents


Referred Judgements :-

KALYAN CHANDRA SARKAR VS. RAJESH RANJAN [REFERRED TO]


JUDGEMENT

Rajnesh Oswal, J. - (1.)The instant bail application has been filed by the applicants after their application for grant of bail was rejected by the learned Additional Sessions Judge, Jammu on 12.03.2020 (hereinafter referred to as "the trial court ").
(2.)The instant application has been filed on the ground that the applicants are innocent persons and have been falsely implicated in FIR bearing No. 201/2019 under Sections 8/21 and 29 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act) registered with Police Station, Bakshi Nagar, Jammu. The applicants have further stated that the alleged contraband that has been recovered from the applicants is 40, 35 and 27 grams of heroin respectively. The said contraband, even if taken as a whole, does not fall within the category of commercial quantity and rather the same falls within category of the intermediate quantity. The applicants have further stated that they have been in custody ever since their arrest on 03.12.2019 and the charges have been framed on 27.01.2020. It is also stated that the rigor of Section 37 of the Act does not apply in the case in hand.
(3.)The respondent-Union Territory has filed the objections and preliminary objections have been raised by the respondent that the present application is not maintainable for the reasons that to maintain a subsequent/successive bail application, change of circumstance is required. However, in the instant application, there is no change of circumstance rather the applicants are trying their luck before this Court. It is further stated that the applicants do not deserve to be enlarged on bail as they are drug peddlers.
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