DARSHAN SINGH Vs. UNION TERRITORY OF J&K TH. P/S GHAGWAL, SAMBA
LAWS(J&K)-2020-12-84
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 31,2020

DARSHAN SINGH Appellant
VERSUS
Union Territory Of JAndK Th. P/S Ghagwal, Samba Respondents


Referred Judgements :-

DEVI DAS RAGHU NATH NAIK V. STATE [REFERRED TO]
GURCHARAN SINGH RAJ KUMAR SHARMA VS. STATE DELHI ADMINISTRATION :STATE DELHI ADMINISTRATION [REFERRED TO]


JUDGEMENT

SANJAY DHAR - (1.)On the basis of an information received from the reliable sources to the effect that a Canter bearing Registration No. PB65AU/0634 loaded with suspected drugs was proceeding from Srinagar towards Punjab, FIR No. 45/2020 for offences under Sections 8/15 NDPS Act came to be registered by the Police of Police Station, Ghagwal, Samba. Accordingly, a Naka was laid and the vehicle in question was stopped at Tapyal. Upon its search, it was found to be loaded with 18 Kgs and 800 gms of poppy straw. The vehicle was being driven by the petitioner herein. The sample of the recovered poppy straw was sealed and sent to FLS for chemical examination. Upon receipt of the report of the FSL and completion of investigation, offences under Sections 8/15 NDPS Act were found established against the petitioner and challan was filed before the Court of learned Principal Sessions Judge, Samba against the petitioner.
(2.)It appears that the petitioner had filed an application for grant of bail in his favour in the aforesaid FIR before the Court of Principal Sessions Judge, Samba and the same was rejected by the said Court vide its order dated 21.08.2020. Being aggrieved of the said order, the petitioner has filed the instant petition before this Court for grant of bail in his favour on the grounds that the contraband allegedly shown to be recovered from the possession of the petitioner is an intermediate quantity, as such, the rigor of Section 37 NDPS Act will not apply to the present case; that the challan has already been produced before the trial Court, therefore, there is no chance of petitioner tampering with the investigation of the case and that the petitioner is ready to abide by all terms and conditions that may be imposed by the Court in the event of grant of bail in his favour.
(3.)The respondent has resisted the bail petition by filing its reply thereto. In its reply, the respondent has contended that 18 Kgs and 800 gms of poppy straw has been recovered from the possession of the petitioner/accused; that on the basis of evidence collected during the course of investigation, offences punishable under Sections 8/15 of NDPS Act were found established against the petitioner/accused; that the petitioner/accused is involved in commission of non-bailable offence under the NDPS Act as intermediate quantity of contraband has been seized from his possession, as such, he does not deserve the concession of bail at this stage.
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