BILAL AHMAD SHEIKH Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Sec. 439 of the Cr. P. C seeking bail in his favour in a case arising out of FIR No.02/2021 264/2020 for offences under Sec. 8/20 of the Narcotic Drugs and Psychotropic Substances, Act, (hereinafter for short referred to as "the NDPS Act") and Sec. 207 of Motor Vehicles Act registered with Police Station, Safapora, Ganderbal. After investigation of the FIR, charge sheet stands already laid before the Court of Principal Sessions Judge, Ganderbal. Pursuant to framing of charges against the petitioner, trial of the case is in progress.

(2.) As per case of the prosecution, on 25/1/2021, while the officials of Police Station, Safapora, were on Naka duty at Nawabadi Mohalla, Safapora, they intercepted an Auto Load Carrier bearing No.JK15-3597 that was proceeding from Asham Sonawari towards Safapora. The Auto Load Carrier was being driven by the petitioner herein. Upon search of the Auto Load Carrier, one red coloured bag was recovered which contained charas like substance wrapped in maize covers. The petitioner, upon questioning, could not furnish plausible reason regarding possession of charas. Accordingly, the aforesaid FIR came to be registered and investigation was set into motion.

(3.) During investigation of the case, the recovered charas was seized and its sample was sealed and sent to FSL for expert opinion. The weight of the recovered charas was found to be 1 kg and 300 grams. After investigation of the case, offences under Sec. 8/20 of the NDPS Act were found established against the petitioner and the challan was laid before the trial court. The petitioner was charged for the offences under Sec. 8/20 of the NDPS Act and, it appears, that statements of as some of the prosecution witnesses have already been recorded by the trial court.