TAWKEER AHMAD HAJAM Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has filed the present bail application for grant of bail in a challan pending before the Court of Learned Sessions Judge Bandipora, arising out of FIR bearing No. 10/2018 of Police Station, Sumbal, Bandipora on the ground that the petitioner is innocent and statutory provisions of NDPS Act have not been complied with by the Investigating Officer during investigation.

(2.) It is further stated in the bail application that in some remand orders the petitioner is stated to have been arrested on 23.12.2017 whereas in another remand order, the date of arrest has been shown as 10.01.2018 and simultaneously, it is also pleaded that the section 29 of the NDPS Act has no application in the case of the petitioner. Further the petitioner has been in custody for the last more than three years irrespective of the fact that the petitioner is innocent and the petitioner is not remotely connected with commission of offence.

(3.) Response stands filed by the respondent in which besides stating the factual aspects of the case, it has been stated that the applicant/petitioner is involved in an illegal trade in an organized manner which is great threat to the society and the volume of the contraband recovered from the petitioner does not entitle the petitioner to be enlarged on bail in view of the strict bail provisions as contained in the NDPS Act.