MUSHTAQ AHMAD MIR Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have challenged order dtd. 16/9/2021 passed by Additional Sessions Judge, Handwara, whereby bail application of the petitioners has been rejected.

(2.) Before coming to the grounds of challenge, it would be apt to refer to the facts leading to the filing of this petition.

(3.) It appears that 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. JK13-D-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/petitioner Mushtaq Ahmad Mir whereas the other apprehended person was identified as accused/petitioner Hilal Ahmad Rather. The third person who had escaped from the spot was identified as accused 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.