MAZEED ALI Vs. U.T. OF J&K

JUDGEMENT

(1.) Applicant has invoked Sec. 482 BNSS, for his enlargement on bail, in anticipation of arrest, in FIR No.0090/2025 registered with Police Station Majalta, Udhampur for offences under Ss. 8/21/22 of NDPS Act, primarily on the ground that he has been falsely implicated in the case on the statement of co-accused, Latif Ali, from whose possession an intermediate quantity of contraband is alleged to have been recovered.

(2.) As the prosecution story would unfurl, SGCT Sanjay Kumar forwarded a docket to the Police Station on behalf of ASI Vijay Kumar, alleging inter alia that on 6/11/2025, at about 1030 hours, while they were performing Naka duty, they intercepted a motor cycle bearing registration No.JK02DL/5407 on its way from Manwal to Battal. Rider of the motor cycle disclosed his name as Latief Ali and on his personal search, a transparent polythene came to be recovered from right pocket of his pent. On opening, it was found to contain heroin (chitta) like substance. Further, 01 small weighing machine, a mobile phone and cash worth of Rs.6100.00came to be recovered from other pocket of his pent and he failed to give satisfactory reply. On the receipt of this docket, FIR came to be registered against Latief Ali and one Sanjay Kumar.

(3.) Apprehending his arrest, the applicant approached learned Principal Sessions Judge, Udhampur ( the trial Court ), who vide order dtd. 29/11/2025 declined bail plea of applicant after it surfaced from the case diary that during a period of about one year an amount of Rs.27,66,600.00, amount of Rs.31,98,522.00 and another amount of Rs.1,36,300.00 had been deposited by co-accused persons in his SBI Account No.6444 and another amount of Rs.31,98,522.00 were deposited by co-accused Sanjay Kumar in his J&K Bank Account No.1413. It was also alleged that co-accused Latief Ali, during investigation, made a statement that applicant had concealed some commercial quantity of contraband. According to the investigating agency, brother of the applicant, co-accused Latief Ali during investigation had disclosed that applicant was the main supplier, who was supplying contraband to him and he in turn was making delivery to accused Sanjay Kumar, who was already arrested in another case of the like nature. The investigating agency obtained bank account statements of accused Latif Ali, Sanjay Kumar and the applicant/accused Mazeed Ali.