AASIF ISHTIYAQ Vs. STATE OF J&K

JUDGEMENT

(1.) In connection with case registered as FIR No.o8/2017 P/S Bijbehara for commission of offences punishable under Sec. 8/21-29 NDPS Act, petitioners have been arrested on 8/2/2017. Application seeking bail filed before the Court of learned Sessions Judge, Anantnag, has been rejected vide order dtd. 6/3/2017, hence the instant application for grant of bail.

(2.) Allegation against the petitioners is that they were travelling in a vehicle (Alto) bearing registration No.JK01J- 2343, on search, 28 bottles of Recodin (100 mls each) were recovered from the said vehicle and seized. Learned trial court while rejecting application for grant of bail has observed that the petitioners did not possess any valid B.A. No.16/2017 document for transportation, stocking or sale of said cough syrup. The said cough syrup contains codeine which falls within the ambit of "Narcotic drugs". The total codeine in 28 bottles fall within commercial quantity, therefore, rigour of Sec. 37 of the NDPS Act applies, accordingly, has rejected the bail application.

(3.) The menace of narcotic and psychotropic substance has to be controlled because use of such drugs has devastative impact on the society. More particularly when supply of such drugs or its distribution amongst the youngsters is made, the supplier thereof darkens the proper growth of the youth.