WAQAR AHMAD DAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Sec. 439 of the Cr. P. C seeking bail in a case arising out of FIR No.21/2021 for offences under Sec. 8/20, 8/22 and 29 of the NDPS Act registered with Police Station, Yaripora.

(2.) As per the prosecution story, on 26/4/2021, the police personnel of Police Station, Yaripora, intercepted a private vehicle (Wagon R) bearing No.DL9CP-2664 during a police Naka at Village Kharpora. Four persons including the driver were found traveling in the said vehicle that was proceeding towards Nowbal. During checking of the vehicle, 36 unlabeled bottles with 100 ml contents in each bottle and 06 bottles labelled as COCAS-DX of 100 ml each as well as two nylon packets, one containing charas like substance and the other containing powdered charas like substance, were recovered from the space below the back seat of the vehicle. The persons who were travelling in the vehicle were identified as Mohammad Aslam War, Mehraj-ud-din Wani, Waqar Ahmad Dar (the petitioner herein) and Bilal Ahmad Hanji. The occupants of the vehicle could not furnish any explanation with regard to possession of the aforesaid recovered items and, accordingly, the recovered articles were seized and the occupants of the car were taken into custody. The samples of the recovered items were prepared and sealed whereafter the same were sent to the FSL for chemical examination. Upon receipt of the report of the FSL, the unlabeled 36 bottles of 100 ml each were found to contain Codeine Phosphate, which is a narcotic drug. The labelled bottles were found to contain substance called Dextromethorphan hydrobromide and chlorpheniramine maleate whereas charas was detected in the two packets that were recovered from the vehicle. Thus, after investigation of the case, offences under Sec. 8/20, 8/22 and 29 of the NDPS Act were found established against the accused including the petitioner herein and the challan was laid before the trial court.

(3.) It seems that vide order dtd. 30/12/2012, charges for offences under Sec. 8/20, 8/22 and 29 of the NDPS Act were framed against all the accused including the petitioner herein. The trial of the case is going on.