Decided on October 06,2020

Union Territory Of JAndK Respondents


Rajnesh Oswal,J. - (1.)The applicant is seeking bail in FIR bearing No. 112/2020 registered with Police Station, Samba for commission of offences u/s 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act). The applicant earlier also had filed bail application bearing BA No. 70/2020 but as the challan was filed during the pendency of said bail application, the applicant was granted liberty to approach the trial court for grant of bail and the said bail application was disposed of accordingly. Thereafter, the applicant approached the trial court, however, the learned Sessions Judge, Samba vide order dated 25.08.2020 dismissed the said application. After dismissal of the bail application by the trial Court, the present application has been filed by the applicant.
(2.)The allegations against the applicant are that on 06.05.2020, during checking at 18.30 hours at Naka point near Sidco Chowk, National Highway, Samba signal was given to one Gas Tanker that was coming from Srinagar towards Samba but the said Tanker did not stop at the said naka and then Head Constable Pawan Kumar along with other police officials chased the said Tanker and stopped the said Tanker at some distance from Naka point. During checking of the said Tanker and on suspicion, the police called one tyre mechanic, namely, Vijay Singh on spot and spare tyre was opened by the said mechanic.13 polythene bags having approximately one kg of Poppy Straw each were recovered from the tyre. Total recovery that was effected from the applicant was approximately 13 kg of Poppy Straw. It is submitted in the bail application that a false and frivolous FIR was registered against the applicant as the applicant has not committed any offence and also that the applicant is a sole bread earner of the family and also that the trial has not commenced because of the limited functioning of the courts.
(3.)The respondent was put to notice and detailed objections stand filed. The respondent has mainly objected the bail application on the ground that the offence so committed is very heinous and is against the society and the menace of drug abuse, drug addiction and drug trafficking has touched the alarming situation in the society so the applicant does not deserve to be enlarged on bail.

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