MOHD SHARIEF Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) As per the prosecution case, on 13.05.2019, the Police of Police Station, Banihal received a specific information regarding possession of heroin (Chitta) by the petitioner/accused. Upon this information, FIR No. 60/2019 for offences under Section 8/21/22 of NDPS Act, was registered. During the course of investigation, the police laid a naka at T.Chowk, Banihal and signalled the petitioner to stop. Upon search of the petitioner, he was found in possession of polythene bag containing 245 gms of Herion (Chitta). The petitioner/accused was arrested and after investigation of the case, offences under Sections 8/21/22 NDPS Act were found established against them. Accordingly, a charge-sheet against the petitioner/accused was laid before the trial Court on 17.09.2019.

(2.) It appears that the petitioner had filed an application for grant of bail in his favour in the aforesaid FIR before the Court of learned Principal Sessions Judge, Ramban(hereinafter referred to the 'trial Court'), but the same was rejected by the trial Court vide its order dated 11.06.2020. Being aggrieved of the order passed by the trial Court rejecting the bail application of the petitioner, he has filed present application for grant of bail on the grounds that the contraband allegedly shown to be recovered from his possession is an intermediate quantity, as such, the rigor of Section 37 NDPS Act would not apply to the present case; that the allegations leveled against him are false and frivolous; that all the material witnesses cited in the challan are official witnesses, as such, there is no scope of tampering with the evidence; that he is more than 70 years of age and is suffering from diabetes, hypertension and kidney ailments and that he 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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