MOHAMMAD AMIN MALIK Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Sec. 439 of the Cr. P. C for grant of bail in FIR No.113/2021 for offences under Sec. 8/15, 29 of NDPS Act read with Ss. 3/181 and 196(2) of the Motor Vehicles Act registered with Police Station, Srigufwara.

(2.) As per the prosecution case, on 19/12/2021, the police had laid a Naka at Poshkeri crossing, Bijbehara. They stopped a trawler bearing registration No.JK02AV-1795 that was proceeding from Poshkeri towards Bijbehara. During checking of the trawler, 23 nylon bags were found loaded in it. These bags were found to contain fukki (Poppy Straw) like substance. The driver of the vehicle disclosed his name as Rakesh Kumar and he could not give any justification for possession of contraband substance. Accordingly, FIR No.113/2021 was registered and the investigation was set into motion. Accused Rakesh Kumar made a disclosure statement that he had loaded these 23 bags containing Poppy Straw from the house of accused Mohammad Amin Malik, the petitioner herein, and that the said Poppy Straw was to be sold to a Sikh gentleman who is a resident of Ferozpur Punjab. The petitioner was taken into custody and he made a disclosure statement in the presence of an Executive Magistrate stating that he had obtained these 23 bags containing Poppy Straw from co-accused Irshad Ahmad Das who was also taken into custody. After investigation of the case, it was found that the petitioner and coaccused are indulging in illicit trade of contraband substances. Thus offences under Sec. 8/15, 29 of NDPS Act read with Ss. 3/181 and 196(2) of the Motor Vehicles Act were found established against all the accused including the petitioner herein. The challan is stated to have been laid before the Court of Principal Sessions Judge, Anantnag.

(3.) It appears that the petitioner had approached the trial court for grant of bail but his bail application has been declined in terms of order dtd. 21/5/2022 whereas bail application of co-accused Irshad Ahmad Das has been accepted in terms of order dtd. 13/5/2022.