RAKESH SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner is accused in a case registered vide FIR No.524/2022 at Police Station, Udhampur for commission of offence punishable under Ss. 8/21/22 of the Narcotic Drugs and Psychotropic Substances Act (for short, 'NDPS Act') which, after investigation, is pending trial before the court of learned Additional Sessions Judge, Udhampur ["the Trial Court"].

(2.) Petitioner prior to it moved a bail application before the Trial Court seeking his release from the judicial custody pleading therein that the petitioner has been falsely implicated in the case, investigation is complete and final report presented and nothing is required to be recovered from him. The application for bail filed by the petitioner was contested by the prosecution and the same was dismissed by the Trial Court vide its order dtd. 2/1/2023. As is apparent from order dtd. 2/1/2023 passed by the Trial Court, the petitioner was held not entitled to release on bail in view of his involvement in two other cases registered under Ss. 8/21/22 of NDPS Act, in which investigation is still pending, therefore, repetition of offence by the petitioner cannot be ruled out.

(3.) Having been aggrieved, the petitioner has moved this Court for his release on bail in the aforesaid case on the ground that the contraband-Heroine (chitta) recovered from the petitioner was weighing 5.51 gms, which falls under intermediate quantity, as such, rigors of Sec. 37 NDPS Act are not applicable and that the petitioner has already been granted bail by the competent Court of law in other two cases, against him.