SAJJAD AHMED Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The instant application filed by the applicant under Section 439 of the Code of Criminal Procedure is for grant of bail to the applicant, arrested in FIR No. 137/2020 registered for offences under Sections 8/20 of Narcotics Psychotropic Substances Act, 1988 ['NDPS Act'] at Police Station, Katra.

(2.) As the prosecution story goes, on 02.09.2020, ASI Murad Ali, Incharge Police Post, Balani submitted a docket to Police Station, Katra that he along with other police officials were conducting checking/frisking duty at the Nakka PCP Balani at about 1710 hrs, two persons came on a motorcycle bearing registration No.JK02BD-8234 from Domail and were proceeding towards Reasi. When the duo reached the check-post, they tried to flee away. The police party chased and over powered them. During preliminary enquiry, they disclosed their names as Mohd. Altaf and Sajad Ahmed (applicant herein). During personal search, charas weighing 950 gms was recovered from the possession of applicant Sajad Ahmed and 495 gms from Mohd. Altaf. The investigation was entrusted to SI Suman Singh, who, during investigation visited the spot, prepared the site plan, seized/sealed the contraband, out of which 50 gms were taken out as sample and sent to FSL, Jammu for chemical analysis and expert opinion. The statements of the witnesses were recorded under Section 161 Cr.P.C. The report from the FSL was received and after completion of all legal formalities, final report in the case was presented before the competent Court of law on 02.11.2020. The other accused, namely, Mohd. Altaf, who was found in possession of 495 gms of charas, was found to be juvenile and, accordingly, separate proceedings were initiated before the Juvenile Justice Board, Reasi.

(3.) On the presentation of challan, the applicant, who was arrested on 02.09.2020 moved an application for grant of bail before the Principal Sessions Judge, Reasi ['the Trial Court'] and claimed concession of bail primarily on the ground that the applicant was allegedly found in possession of contraband weighing 950 gms approximately, which was an intermediate quantity, therefore, the rigors of Section 37 of NDPS Act were not applicable and the applicant was entitled to be considered for bail on the touchstone of principles governing grant of bail laid down under Section 437 Cr.P.C. The Trial Court considered the rival contentions and came to the conclusion that having regard to the heinousness of the offence, the applicant is involved in and its impact on the society, it was not advisable to let him off on bail and that there was serious apprehension of the applicant tampering with the evidence by influencing the prosecution witnesses. The application was, thus, dismissed by the Trial Court vide its order dated 19.12.2020.