GHARU RAM Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioners for grant of bail in FIR bearing No. 144/2022 registered with Police Station, Vijaypur for commission of offences punishable under Sec. 8, 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985(for short the Act). Both the petitioners were arrested on 21/9/2022. It is further stated that the petitioners earlier approached the court of Principal Sessions Judge, Samba seeking bail on the ground that they had no knowledge as to which passenger was travelling in the Bus, wherefrom the recovery of the Poppy Straw weighing 48.50 Kg was recovered. The said bail application was dismissed by the learned trial court vide order dtd. 3/12/2022.

(2.) Response stands filed by the respondents, a copy whereof has been produced by Mr. Bhanu Jasrotia, learned GA appearing for the respondents. A perusal of the same reveals that on 21/9/2022 at around 0540 hours one Sleeper Bus bearing registration No. UP17AT 5594 coming from Jammu towards Kathua was asked to stop. The driver stopped the vehicle and during checking, two white coloured plastic sacks were recovered from the dickey of the said bus and on further checking them, it was found that they both were containing Poppy Straw (Bhukki) like substance having weight of 25 kgs each.

(3.) After completion of the investigation, it was found that the total contraband recovered from the vehicle was 48.5 kgs of Poppy Straw and thereafter, charge sheet stands laid before the competent court.