MOHAMMAD SULTAN LONE Vs. STATE OF J&K

JUDGEMENT

(1.) This bail application is the outcome of FIR No. 70/2011 registered at Police Station Bandipora under sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act).

(2.) It appears that ASI Abdul Rashid, No. 141 CR of Police Station Bandipora made a report on 22.03.2011 to SHO Police Station concerned that he along with other police personnel while conducting searches of vehicles at Kaloosa Bridge during patrolling duty noticed suspicious movement of two persons, one amongst them was carrying bag in his hand. On noticing the police party, one ran away and another man, who was aged one, was arrested on-spot. Bag was seized and on searching it two kilograms of Charas was seized. The apprehended man disclosed his name as Mohammad Sultan Lone son of Mohd. Sabar Lone resident of Kaloosa and also disclosed the name of person who ran away as Nazir Ahmad Bhat son of Abdul Khaliq resident of Kaloosa, Bandipora. This set the police in motion, FIR No. 70/2011 was registered, investigation was conducted and after investigation challan was presented before the Court of Law. Nazir Ahmad Bhat-accused is absconding and accordingly challan came to be presented against him also under Section 512 Cr.P.C. Petitioner-accused stands charge sheeted for the commission of offence under section 8/20 of NDPS Act.

(3.) Petitioner Mohd. Sultan Lone moved application for grant of bail, was rejected vide order dated 30.07.2011 and thereafter has invoked the jurisdiction of this Court in terms of section 498 Cr.P.C. for grant of bail.