LAWS(J&K)-2017-10-69

PAWAN KUMAR Vs. STATE

Decided On October 12, 2017
PAWAN KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Through the present bail application, the Petitioner-Pawan Kumar, seeks bail, inter alia, on the ground that on refusal to admit the petitioner on bail in FIR No. 07/2016 for offence under section 8/20/29 of NDPS Act by the learned Principal Sessions Judge, Ramban, vide order dated 03.03.2017, has led the petitioner to approach this Court for grant of bail.

(2.) Learned counsel for the petitioner has stated that on 18.01.2016 an FIR No. 07/2016 came to be registered with the P/S, Banihal against the petitioner for recovery of Cannabis (Charas) for commission of offence under section 8/20 of NDPS Act, which resulted into the arrest of the petitioner on the same day and now is in judicial custody for more than 15 Months. The aforesaid FIR culminated into the presentation of challan before the Learned Principal Session Judge, Ramban. That on 22.04.2016 the Ld. Pr. Sessions Judge, Ramban framed the charge under section 8/20 of NDPS Act, against the petitioner herein and the prosecution was directed to produce evidence and more than 18 opportunities have been taken by the prosecution to produce the witnesses before the trial court and they have only produced one witnesses namely Sh Ashfaq Hussain (PW-3) and has totally contradicted the prosecution versions from wherein can be reasonably believed that the petitioner has not committed any offence.

(3.) Learned counsel has stated that the bail application filed by the petitioner has been dismissed on 03.03.2017 only on the ground that contraband is commercial quantity although the same from the facts of the case is not so and rigor of section-37 does not apply, yet not finding with regard to same has been given by the lower court. That the petitioner is the permanent resident of Reasi Distt. and driver by profession having deep roots in the society being respectable person in the society and if the petitioner is not admitted to bail, it will lower down the image of the petitioner/s in the society and there is special provision in the Cr P.C for admitting the bail to young persons and also first offender and of young age as there is no such allegation by the prosecution that the petitioner is involved in any other case and further there is no chance of fleeing from the trial.