M.K.HANJURA, J. - (1.)On 22-02-2018, the applicant came to be apprehended by the authorities of Police Station, Kulgam, in the wake of the recovery of 12 kgs of Poppy Straw from his possession, as a sequel to which, a case bearing F.I.R No. 44/2018, came to be registered against him for the commission of the offences punishable under section 8/25 NDPS Act.
(2.)The applicant - petitioner filed an application for the grant of bail in his favour in the aforesaid FIR before the Court of the learned Principal District and Sessions Judge, Kulgam, pleading therein that he is innocent. He has been falsely implicated in the case by the Police authorities. He has also stated that the seized contraband does not fall within the scales of the commercial quantity and, as such, the rigor of section 37 of the NDPS Act is not attracted. On these set of pleadings, the applicant implored that he be enlarged on bail. However, the learned Principal District and Sessions Judge, Kulgam, rejected his application vide an order dated 06-07-2018.
(3.)Aggrieved by the order of the learned Principal District and Sessions Judge, Kulgam, the applicant has filed the instant application before this Court for the grant of bail in his favour, on the grounds, inter-alia, that the charge-sheet has been laid against him before the competent Court, wherein the police authorities have contended that he is involved in the commission of offences under section 8/15 NDPS Act. The applicant has further stated that he has been falsely implicated in the case. The mandatory provision of the NDPS Act has been violated in the case and, therefore, any further detention of the applicant is illegal, unwarranted and unjustified. It has also been averred that the rigor of Section 37 of the NDPS Act, does not apply to the case on hand. He has been in the custody for the last so many months by now and his continued detention has hampered him from proving his innocence. It has also been added that a small quantity of Narcotics has been recovered from him and that he will not tamper with the prosecution evidence and will abide by the conditions, whatsoever, are imposed on him, in case he is admitted to bail.