NAZIR AHMAD DAR Vs. UT OF J&K

JUDGEMENT

(1.) The instant bail application has been preferred by the accused petitioner for grant of bail in case arising out of FIR No. 85/2018 registered with Police Station Kathua for commission of offences punishable under Sec. 8/21/22 of NDPS Act 1985.

(2.) The facts emerging from the application would reveal that on 22/8/2018 a complaint came to be filed by one Sanjeev Singh Sen Inspector Task Force, Toll Post Udhampur with Sh. Kanwaljeet Shan, Sub Inspector, Excise Department before Police Station Lakhanpur stating therein that on 21/8/2018 a vehicle bearing registration No. JK05E-3149 loaded with 'Cinnamon' as declared goods of M/s J. Bhatt Enterprises Srinagar reported for assessment at Toll Post and during routine physical check by the Excise Team uptil 22/8/2018 the aforesaid vehicle came to be found carrying 4560 bottles of Chlorpheniramine Meleate and Codeine Phosphate Syrup drugs and approximately 2300 Kgs of banned polythene which came to be seized and consequently an FIR bearing registration No. 85/2018 for commission of offences under Sec. 8/21/22 NDPS Act, 1985, and Sec. 188 RPC came to be registered with Police Station Kathua without implicating the accused petitioner herein at that time as an accused and that during the course of investigation the accused petitioner was found involved in the case and came to be arrested on 5/2/2020 and that upon completion of the investigation, the charge sheet came to be laid before the Court of Sessions Judge Kathua on 2/5/2020.

(3.) It is being also stated in the application that the accused petitioner is an innocent person and is not involved in the commission of any offence covered in the charge sheet, but came to be implicated in the case falsely and that out of listed witnesses in the charge sheet only 2 witnesses have been examined by the trial Court without conducting the trial of the case speedily thus, violating the fundamental rights of the accused petitioner.