IRSHAD AHMED Vs. UT OF J&K

JUDGEMENT

(1.) This is an application filed by the petitioner seeking bail for offences under Section 8/21 of the NDPS Act in connection with FIR No. 73/2019 registered with Police Station, Banihal.

(2.) From the facts as noticed from the record are that on 03.06.2019, based upon a specific information, a Naka was laid by the police at 10.00 a.m. The petitioner was searched in presence of the Magistrate and the senior police officers. According to the prosecution story, the search of the petitioner resulted in recovery of 100 gms of heroin. Upon investigation, the petitioner was found involved in the commission of offences under Section 8/21 of the NDPS Act. A challan was produced in the Court and approximately 04 witnesses recorded.

(3.) An application for bail was filed before the Special Judge under NDPS Act, Ramban, who vide order dated 26.06.2020 rejected the same primarily on the ground that the discretion of bail ought not to be exercised in a heinous case like the present one. It was held that it was for the good of the society, considering the nature of allegations levelled against the petitioner that bail be refused at that stage.