SURAJ KUMAR Vs. UNION TERRITORY OF J AND K
LAWS(J&K)-2020-12-32
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 31,2020

SURAJ KUMAR Appellant
VERSUS
Union Territory Of J And K Respondents


Referred Judgements :-

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


JUDGEMENT

- (1.)As per the prosecution case, on 26.09.2020,the police of Police Station Batote intercepted a black coloured vehicle (Wagon-R) bearing Registration No. JK02AV-3560,that was proceeding from Batote towards Nashri. The said vehicle was subjected to checking and upon its checking, one plastic bag was recovered from underneath the driver's seat. The bag was found to contain "Charas". The driver disclosed his identity as Suraj Kumar alias Sonu son of Om Raj, the petitioner herein. Accordingly, FIR No. 62/2020 for offences under Sections 8/20 of NDPS Act was registered and the petitioner was arrested.
(2.)During investigation of the case, the recovered charas was found to be 500 gms in weight and after investigation of the case, offences under Sections 8/20 of NDPS Act were found established against the petitioner and the charge-sheet was laid before the Court of learned Special Judge (Principal Sessions Judge), Ramban (hereinafter referred to as the 'trial Court').
(3.)It appears that the petitioner had filed an application for grant of bail in his favour in the aforesaid FIR before the Trial Court but the same was rejected by the said Court vide its order dated 27.10.2020. 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 have been recovered from the possession of the petitioner is an intermediate quantity, as such, the rigour 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.
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