BHUPINDER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant application, petitioner-Bhupinder Singh seeks grant of bail in case FIR No.137/2017 registered under Section 8/15 NDPS Act.

(2.) Learned counsel for the petitioner stated that the petitioner had earlier also moved an application for bail before the learned Principal District Judge, Jammu, which was transferred to learned 2nd Additional Sessions Judge, Jammu. The said application came to be dismissed vide order dated 04.07.2017, which reads as under:-

(3.) Learned counsel further submitted that the learned 2nd Additional Sessions Judge, Jammu, has dismissed the bail application in a very casual and mechanical manner as no reason thereof has been recorded by the learned trial Court. Admittedly, the contraband alleged to have been recovered from the petitioner is 1.5 kg Poppy straw (Bhukki) and same is less than commercial quantity and therefore Section 37 of the NDPS Act is applicable to the present case. Learned counsel also submitted that the investigation in the aforementioned FIR is almost complete as no further recovery is to be effected and the petitioner is in police custody for last more than 10 days.