MOHD ALTAF Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has filed the instant application under Sec. 439 of the Code of Criminal Procedure for grant of bail in case FIR No.0161/2022 for offences under Sec. 8(a) and 21 of the NDPS Act registered with Police Station, Poonch.

(2.) As per the prosecution case, on 26/7/2022, while police officials of Police Station, Poonch, were on patrolling duty at Qazi Mohra, they spotted a person coming from main road towards Sukha Katha. The said person, on spotting the police, tried to run away from the spot but the police party managed to apprehend the said person. During his questioning, the suspect revealed his identity as Mohd. Altaf (petitioner herein). Upon his personal search, about 7/8 grams of heroin like substance was recovered. The accused could not justify the possession of the aforesaid contraband substance.

(3.) It appears that the accused/petitioner had approached the Court of Principal Sessions Judge, Poonch, seeking bail, but the application has been dismissed by the said court vide its order dtd. 29/8/2022. Being aggrieved of the said order, the petitioner has filed the instant petition before this Court for grant of bail in his favour on the grounds that quantity of contraband that is alleged to have been recovered from the possession of the petitioner falls in the category of intermediate quantity; that the learned trial court while rejecting the bail petition of the petitioner has not properly appreciated the legal position attending the issue of grant of bail, inasmuch as the rule is bail not jail which in other words means that grant of bail is a rule and its refusal an exception and that in case bail is granted in favour of the petitioner, he is ready to abide by all terms and conditions that may be imposed by the Court.