MANZOOR AHMAD Vs. UNION TERRITORY O J&K

JUDGEMENT

(1.) As per the prosecution case, on 07.12.2019, in a routine checking at Naka checking Naka Point Ramsoo, ASI Mohammad Iqbal along with other police personnel intercepted one TATA Sumo bearing registration No.JK03A-9708 that was coming from Srinagar towards Jammu. Upon its search, two persons including the driver were found sitting in the vehicle and on enquiry, they disclosed their names as Hamidullah Khan, the driver and Manzoor Ahmad, the petitioner herein. Four gunny bags were also found in the vehicle and on opening the said bags, one white coloured packet was found in each of the gunny bags. Upon opening the packets and weighing the same, 25 kgs of Bhukki was found therein. The recovered Bhukki was seized on spot and FIR No.112/2019 for offence under Section 8/15 of NDPS Act was registered at Police Station Ramban. After investigation of the case, offences under Section 8/15 of NDPS Act stand established against the petitioner/accused. Challan against the petitioner has already been filed before the Court of Principal Sessions Judge, Ramban.

(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 Principal Sessions Judge, Ramban, and the same was rejected by the Court vide order dated 20.03.2020. Being aggrieved of the said order, the petitioner has filed the instant petition before this Court for grant of bail in his favour on the grounds that the contraband allegedly shown to be recovered from the possession of the petitioner is an intermediate quantity, as such, the rigor of Section 37 NDPS Act will not apply to the present case and the present case is required to be dealt as per the provisions contained in Section 437 of the Cr.P.C.; that this Court has already given bail to accused in similar matters; that the petitioner is in judicial lockup since his arrest on 07.12.2019, that too without any kind of involvement or concern with the present case and his continuous detention has caused harassment to the petitioner and his family; that till date no witness has been produced by the prosecution and there is no possibility of production of any witness in near future because of the restrictions due to outbreak of Corona virus epidemic; and that the petitioner 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.

(3.) The respondent has resisted the bail petition by filing objections thereto. In its objections, respondent has opposed the grant of bail in favour of the petitioner on the ground that he is involved in the illicit trade of sale and purchase of narcotic substances which is very dangerous to the society, especially for young generation; that if the petitioner is enlarged on bail, he will again repeat the similar offences and will continue to destroy the young generation of the society.