SAJAD AHMAD BAKSHI Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Sec. 439 of J&K Cr.P.C. seeking bail in a case arising out of FIR No. 189/2021 for offences under Sec. 8/20, 29 of the Narcotic Drugs and Psychotropic Substances, Act, (for short 'the NDPS Act') registered with Police Station, Handwara.

(2.) As per the prosecution case, on 14/6/2021, while the police party had laid a Naka at Khanpora crossing and were checking the vehicles, a Vehicle (TATA Bolt XM white colour) bearing registration No. JK13D-4500 was spotted by them proceeding from Handwara towards Magam. The vehicle in question was intercepted by the police and it was found that besides driver, two more persons were travelling in the vehicle. The inmates of the vehicle tried to run away from the spot but the police party caught hold of the driver and one more person whereas the third person, who was also travelling in the vehicle, managed to escape from the spot. Upon search of the driver, charas like substance wrapped in maize leaves (21 in number) and a sum of Rs.10,000.00were recovered from his possession whereas from the possession of other apprehended person, charas like substance wrapped in maize leaves (13 in number) and a sum of Rs.730.00were recovered. The driver of the vehicle was identified as accused Mushtaq Ahmad Mir whereas the other apprehended person was identified as accused Hilal Ahmad Rather. The third person who had escaped from the spot was identified as accused/petitioner Sajad Bakshi. It is alleged that these three persons were transporting charas to Magam for its sale to young people. The police registered FIR No. 189/2021 for offences under Sec. 8/20, 29 of the NDPS Act and started investigation of the case.

(3.) During investigation of the case, it was found that the weight of the charas that was recovered from the possession of the accused Mushtaq Ahmad Mir is 690 grams whereas the weight of the charas that was recovered from the possession of accused Hilal Ahmad Rather was 390 grams making it a total of 1080 grams. The samples of the contraband were sealed and sent to the FSL for their chemical examination. It is the further case of the prosecution that third accused/petitioner, Sajad Bakhshi, was also arrested and upon his arrest, on the basis of his disclosure statement, 103 grams of charas wrapped in maize leaves (4 in number) were recovered from his house. The police, during the investigation of the case, obtained call data record of the cell phones used by three accused and also obtained the FSL report. From the report of the FSL, it was found that the substance recovered from the accused persons is charas whereas from the call data records, it was found that the petitioner and the co-accused were in contact with each other prior to the occurrence as well. After investigation of the case, offences under Sec. 8/20, 29 of the NDPS Act were found disclosed against the accused and the challan was laid before the Court of Additional Sessions Judge, Handwara.