KULWINDER SINGH Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-8-53
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 31,2020

KULWINDER SINGH Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

Rajnesh Oswal - (1.)The instant application for grant of bail in FIR No. 96/2020 for commission of offences under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act) registered with Police Station, Bari Brahmana has been filed by the applicant after his application for grant of bail was dismissed by the learned Sessions Judge, Samba on 23.05.2020.
(2.)It is stated that the applicant is respected and law abiding citizen of the country and has been arrested by the Police in false and frivolous case after registering FIR on 09.05.2020 and ever since then he is in custody. He has further stated that contraband alleged to have been recovered from the applicant is slightly more than a smaller quantity and rigors of section 37 of the NDPS Act are not applicable in the case of the applicant. He has further pleaded that he is only earning member of his family and undertakes to abide by all the conditions imposed in the event on grant of bail to him.
(3.)The respondent has filed objections in which it is stated that alleged contraband recovered from the applicant falls within the intermediate category and as the applicant is involved in heinous offence so he is not entitled to bail.
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