GHULAM HASSAN Vs. STATE OF J&K

JUDGEMENT

(1.) This is an application filed under Section 498 Cr.P.C. read with section 37 of NDPS Act for grant of bail.

(2.) The facts giving rise to the filing of instant application, briefly stated, are that the applicant is a senior citizen, aged about 72 years, and has established his own business in the form of a shop at Prem Nagar, Doda and earns his livelihood by selling lamb mutton. It is contended that he has been falsely implicated in a case FIR No.19/2018 of Police Station Chanderkote for offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and was accordingly, arrested. It is further contended that as per the charge sheet, the allegations contained in the docket purported to have been sent by ASI Harnam Singh to Chanderkote Police Station for registration of case, alleges recovery of 700 gms. of charas on personal search of the applicant; and that the contraband alleged to have been seized though is more than small quantity but is admittedly less than commercial quantity. Thereafter, the applicant filed bail application before the trial Court on 30.07.2018 and the Principal Sessions Judge (Special Judge) Ramban rejected the same vide order dated 20.08.2018.

(3.) The respondent-State has filed its objections, wherein it has been stated that on 22.04.2017 while on naka duty during checking of passengers travelling in one Matador bearing No.JK06-0383, 19 Chillan of charas were recovered from the possession of one passenger, namely, Ghulam Hassan and on this a docket was written by ASI Harnam Singh and sent to the Police Station Chanderkote for registration of FIR and accordingly, FIR No.19/2018 under section 8/20 of NDPS Act was registered. During the course of investigation, the place of occurrence was visited by SHO concerned along with SPO Kulbir Singh 760/SPO at Naka Point and prepared the site plan. It is further stated that as per the evidence and FSL report, and statement of witness, offence under section 8/20 of NDPS Act was proved against the accused, namely, Ghulam Hassan and challan was produced before the Sessions Court, Ramban on 29.06.2018. It is further submitted that the accused is still lodged in District Jail Udhampur. It is further stated that the applicant is involved in a heinous crime, which carries a severe punishment and there is apprehension that the applicant may influence the prosecution witnesses and investigation of the case at its threshold. Lastly, it is prayed that the bail application be dismissed.