TUFAIL AHMAD CHOTA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, through the medium of instant petition, has challenged two orders passed by learned 1st Additional Sessions Judge, Srinagar, one dtd. 20/8/2021, whereby petitioner has been charged for the offences under Sec. 8/21, 22, 29, 27-A of NDPS Act and the other dtd. 10/9/2021, whereby bail granted to the petitioner has been cancelled.

(2.) The facts emerging from the challan are that on 8/10/2020, when the police personnel were on patrol duty near Islamia College, Srinagar, they intercepted a vehicle bearing No.UP14HT-5312 (I 10). The vehicle in question was being driven by accused Bilal Ahmad Sheikh. From his personal search, police recovered 02 strips of Spasmoproxyvon Plus (each strip containing 24 capsules), currency notes of Rs.2090.00, a Samsung S-A50 mobile phone and a scanned copy of driving license of the petitioner herein. The vehicle in question was also subjected to search and 23 strips of Spasmoproxyvon Plus containing 24 capsules each were recovered from underneath the driver"s seat. The police registered FIR No.46/2020 for offences under Sec. 8/21, 22 and 29 of NDPS Act and started investigation of the case.

(3.) On 3/10/2020, the accused, namely, Bilal Ahmad Sheikh made a disclosure statement before the police that he had travelled to Delhi to meet one Ali Bhai whose address was given to him by the petitioner herein, in connection with procuring the drugs Tricare-SR, Spasmoproxyvon Plus and Tapal-75. During his questioning, the aforesaid accused also disclosed that he has brought these drugs from Delhi to Srinagar through a bus whereas he himself travelled to Srinagar by air. Out of these drugs, the aforesaid accused handed over 40 strips of Tricare-SR and 30 strips of Tapal-75 to the petitioner against a payment of Rs.32,000.00.