VICKY GIRY Vs. STATE

JUDGEMENT

(1.) Through the instant application, applicant-Vicky Giry seeks grant of bail in criminal challan titled 'State Vs. Vicky Giry' in case FIR No.32/2017 under Section 8/21/22 NDPS Act pending disposal before the Court of 1st Additional Sessions Judge, Jammu.

(2.) Learned counsel for the petitioner submitted that the petitioner is falsely and frivolously implicated in FIR No.32/2017 under Section 8/21/22 NDPS Act. That as per prosecution story the applicant was found to be in possession of Psychotropic substances and was booked under Sections 8/21/22 NDPS Act. The petitioner is in judicial custody after his arrest on 003.2017. The petitioner had moved bail application bearing No.158/2017 before the learned trial Court, which came to be dismissed on 08.05.2017, whereas the learned trial Court has not appreciated the fact that most of the drugs alleged to be recovered from the petitioner did not fall within the category of Psychotropic Substances and were recovered under Drugs and Cosmetic Act. However, as per finding returned by the learned Trial Court that the Psychotropic Substances alleged to be recovered from the accused fell within the category of small and intermediate quantity. It is stated that as per law laid down by the Hon'ble Supreme Court which stipulates for grant of bail but the same was denied to the petitioner.

(3.) With the afore mentioned submissions, learned counsel prays for grant of bail to the petitioner with any rider/ conditions whatever this Court deems fit.