BALVINDER KUMAR AND OTHERS Vs. STATE

JUDGEMENT

(1.) On 30-04.2018, a police patrol party of Police Station Zainapora, Shopian, intercepted a Santro Car, bearing Registration No. HP 47-5151. While searching the said vehicle, 02 nylon bags, containing Poppy Straw in powdered form, weighing 23 kgs were seized and sealed on the spot. Three persons, including the driver, namely Balvinder Kumar, Santok Lal, and Sana-u-lah Dar, were travelling in the said car. Balwinder Kumar and Santok Lal were apprehended on the spot whereas Sana-u-lah succeeded in fleeing from the spot, as a sequel to which, a case bearing FIR No. 18/2018 under section 8/15 NDPS Act was registered against them at Police Station, Zainapora, Shopian, with which the investigation ensued. During the investigation, the site plan was prepared and the vehicle was seized. The statements of the witnesses under section 161 Cr.PC and 164 Cr.PC were also recorded. The third accused, who had given a slip to the police patrol party at the time of the seizure of the contraband, was also apprehended. Thereafter the opinion of the Forensic Science Laboratory (FSL) was obtained and a Charge Sheet was laid as against the accused/applicants before the Court of law on 25-07-2018.

(2.) The applicants - petitioners filed an application for the grant of bail in their favour in the aforesaid FIR before the Court of the learned Principal Sessions Judge, Shopian, pleading therein that they are innocent and have been falsely implicated in the case. They also stated that the seized contraband does not fall within the scales of the commercial quantity and, as such, the rigor of section 37 of the NDPS Act is not attracted. In the end they prayed that their bail application be accepted and they be enlarged on bail.

(3.) The applicants 1&2, filed a subsequent application, praying therein that they have completed 70 days in custody and, as such, a right, in terms of section 167 Cr.PC, has accrued to them for the grant of bail in their favour. However, the learned District Judge, Shopian, after clubbing both the applications of the applicants together, rejected them by a common order dated 20-07-2018.