SALMAN CHANDAIL Vs. STATE OF J&K

JUDGEMENT

(1.) Initially, the petitioner had filed a criminal revision against order dated 28.08.2019 passed by the learned Special Judge (Principal Sessions Judge), Udhampur (hereinafter referred to as "the trial Court"), whereby the learned trial Court had rejected the bail application of the petitioner. However, in terms of order dated 11.08.2020 passed by this Court, the criminal revision petition, on request of learned counsel for the petitioner, was converted into bail application.

(2.) Briefly stated, the case of the prosecution is that on 20.07.2018 at about 6.15 p.m., a police party intercepted a Maruti Car bearing Regd. No.JK13/0329 at Jekhani Nakka Point. The car was subjected to checking and upon checking, one plastic bag was recovered from inside the car and one more plastic bag was recovered from the dicky of the car. The bags were found to contain "poppy straw". The driver disclosed his identity as Salman Chandail, the petitioner herein. Accordingly, FIR No.356/2018 for offences under Sections 8/15 of NDPS Act was registered and the petitioner was arrested.

(3.) During investigation of the case, the recovered poppy straw was found to be 54 kgs in weight and after investigation of the case, offences under Sections 8/15 of NDPS Act were found established against the petitioner and charge-sheet was laid before the learned trial Court.