NISSAR AHMAD YATTOO Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Sec. 439 of the Cr. P. C seeking bail in FIR No.139/2020 for offences under Sec. 8/21 of NDPS Act registered with Police Station, Batamaloo.

(2.) As per case of the prosecution, on 30/9/2020, while the police personnel of Police Station, Batamaloo, were on Naka duty at Nundreshi Colony, Bemina, they found a person carrying a blue coloured bag with him, proceeding from Bemina towards Tengpora. The said person, on spotting the police party, tried to run away but he was nabbed by the police whereafter he was subjected to search. Upon search of the bag that was being carried by the said person, 11 bottles of Omrex (100 ml each) and 05 bottles of X-Cuf (100 ml each) were recovered from his possession. The said person was identified as the petitioner herein. FIR No.139/2020 came to be registered and investigation of the case was set into motion. During investigation of the case, samples of the recovered drugs were found to contain Codeine Phosphate and Chlorpheniramine Maleate. Since the Codeine Phosphate is included in the definition of "manufactured drug", as such, offences under Sec. 8/21 of NDPS Act were found established against the petitioner and the challan was laid before the trial court.

(3.) It appears that vide order dtd. 15/2/2021 passed by the trial court, charges for offences under Sec. 8/21 of NDPS Act stand framed against the petitioner and presently the prosecution evidence is going on. The trial court record shows that statements of as many as four, out of seven listed prosecution witnesses, have been recorded. It also appears that the petitioner had approached the trial court for grant of bail but his application has been dismissed by the learned trial court vide order dtd. 23/4/2022.