AZHAR JAVAID RATHER Vs. UT OF J&K

JUDGEMENT

(1.) The applicant has invoked Sec. 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C' for short), for his emancipation on bail in FIR No.79/2022 of Police Station, Batamaloo, for offences under Ss. 8/21 of Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') primarily on the conventional grounds that he has been involved in a false and frivolous case and rider of Sec. 37 of NDPS Act is not attracted.

(2.) Countervailing the stand taken by the applicant, respondent is affront with the contention that the activities attributed to the applicant pose a serious threat to the health and welfare of the people of the area and since he indulged and motivated youth of the area for consumption of drugs, therefore, he does not deserve the concession of bail. It is also contended that Chlorpheniramine Maleate and Codeine Phosphate recovered from the possession of the applicant falls within the scales of commercial quantity, therefore, present application is liable to be dismissed.

(3.) Before a closer look at the grounds urged in the application, it shall be apt to have an overview of the background facts.