MOHD. ABDULLAH HAFIZ Vs. STATE

JUDGEMENT

(1.) POLICE party headed by Dy.S.P. of P/S Awantipora intercepted goods vehicle with the registration mark and No. JK02 -6747 on National High Way within jurisdiction of the Police Station and recovered 14 bags 'phokey' (husk powder) from the vehicle. Driver of the vehicle Bashir Ahmed Bhat, conductor Mohd. Maqbool Bhat and one Abdul Majid Makroo who were in the vehicle were arrested and contraband goods seized. Case was registered as FIR No. 105/2003 Under Section 18/20 NDPSA (hereafter called Act) and 3/18 M.V. Act read with Section 34 and 207 RFC. Subsequently the owner of truck applicant Mohd. Abdullah Hafiz was also taken in custody. Said applicant Mohd. Abdullah moved an application for bail. The application was dismissed by the Ld.District and Session Judge, Pulwama by his order dated: 11.9.2003. Against this order present revision is filed.

(2.) PUBLIC Prosecutor despite repeated opportunities has failed to file objections. Challan has been produced in court against the accused.

(3.) THE core issue determantive of whether accused is to be admitted to bail or not, is the satisfaction of court whether there are reasonable grounds for believing that the accused is or not guilty of offence under the Act. This necessarily implies going through statement of witnesses, Case put -forth by the prosecution. Contraband seized and other aspects of the case having bearing on the question.