LAWS(J&K)-2022-7-40

INDER KUMAR Vs. UNION TERRITORY OF J&K

Decided On July 04, 2022
INDER KUMAR Appellant
V/S
Union Territory Of JAndK Respondents

JUDGEMENT

(1.) Through the medium of instant application, petitioner prays for grant of bail in FIR No.53/2021 for offences punishable under Ss. 8/15/29 Of NDPS Act, registered at Police Station Rehmbal, Udhampur.

(2.) The background facts as stated in the application would reveal that the petitioner herein owns a shop/dhaba at Jhajjar Kotli, Jammu-Srinagar National Highway and got arrested by the respondent from the said shop/dhaba on 19/3/2021 while recovering and seizing cash of Rs.5.00 lacs which according to the petitioner had been saved by him for the purchase of a plot at Jhajjar Kotli Jammu from one Sohan Singh S/o Inder Singh R/o Jhaggar Kotli against an amount of Rs.9.00 lacs out of which had paid the said Sohan Singh of Rs.1,50,000.00= and was supposed to pay rest of the sale consideration before 27/3/2021.

(3.) It also gets revealed that after completion of the investigation in the said FIR, charge sheet for commission of offences under Ss. 8/15/29 27-A/29 of NDPS Act, came to be laid on 26/4/2021 by the police concerned against the applicant. It further gets revealed that trial court discharged the petitioner herein for the commission of the offences under Sec. 27-A NDPS Act, however, charged the petitioner for commission of offences under Sec. 8/15 and 29 of the NDPS Act.