JANBAZ AHMAD DASS Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has challenged order dtd. 17/3/2022 passed by learned Principal Sessions Judge, Kulgam, whereby his application for grant of bail in a case arising out of FIR No.12/2021 for offences under Sec. 8/15 of NDPS Act read with Sec. 207 Motor Vehicles Act registered with Police Station Qazigund, has been dismissed.

(2.) As per the prosecution case, on 21/1/2021, the police of Police Post, Mir Bazar, during Naka duty, intercepted a vehicle bearing No.BP10 FS-6402, in which the petitioner along with co-accused driver, were travelling. During the search of the vehicle, 9 Kgs and 8 grams of Poppy Straw were recovered and, accordingly, the petitioner and the co-accused Umar Amin Thakur were arrested. It seems that the learned Principal Sessions Judge, Kulgam, has granted bail to co-accused Umar Amin Thakur and vide order dtd. 3/3/2021, interim bail was granted to the petitioner as well. One of the conditions for grant of interim bail laid down in the bail order dtd. 3/3/2021 was that the petitioner shall not indulge in subversive activities or repetition of offences or any criminal activities.

(3.) It appears that during the pendency of the bail application, the petitioner was booked in FIR No.55/2021 for offences under Sec. 8/15 of NDPS Act of Police Station, Bijbehara. When this fact was brought to the notice of the learned Sessions Judge, the impugned order dismissing the bail application of the petitioner came to be passed on the ground that the petitioner has violated one of the conditions of the interim bail.