FIRDOUS AHMAD GAZI Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner-Firdous Ahmad Gazi, who is booked in case FIR No. 37 of 2012 registered under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'NDPS ACT') in Police Station, Tarjuan (District Baramulla), is praying for the concession of regular bail, primarily on the following two grounds :-

(2.) Pursuant to notice, Mr. Naik has filed objections. He is, however, fair enough in admitting that the contraband (1 Kg. of Charas) allegedly recovered from the petitioner does not fall under the head, 'Commercial quantity'.

(3.) Learned counsel for the petitioner also draws the attention of this Court to Section 2 (viia), which reads: