BARKAT ULLAH MIR Vs. STATE OF J&K

JUDGEMENT

(1.) On 08.01.2018, a police patrol party while checking the movement of vehicles stopped an Auto (Load Carrier) bearing Registration No. JK18-3799, plying from Kadder towards Bachroo. The driver of the auto was signaled to stop the vehicle by the patrol party but he did not pay any heed to them and fled away. The police personnel chased him and caught hold of him at Parigam. During the search of the said Auto, two nylon bags containing 13 Kgs and 100 gms of poppy straw were recovered. Besides the Auto driver one passenger, who disclosed his name as Barkat Ahmad Mir @ Tota S/o Mohd. Abdullah Mir R/o Bachroo, was also traveling in the said Auto. The Auto Driver disclosed him name as Irshad Ahmad Bhat S/o Mohd Yousuf Bhat R/o Shurat Kulgam. During the preliminary investigation of the case, it came to the fore that both the accused had obtained the poppy straw through illegal means for sale on higher prices to the customers and, therefore offences under Section 15/18 NDPS Act, were found to have been made out against them. On this report an FIR No. 03/2018, for the commission of offence under Section 15/18 NDPS was registered and the investigation ensued.

(2.) The applicant herein filed an application for the grant of bail in his favour in the FIR aforesaid. The application was rejected by the Court of the learned Principal District and Sessions Judge, Kulgam by an order dated 202018. Aggrieved by this order, the applicant has filed this application for the grant of bail in his favour, inter alia, on the grounds that the charge sheet has been laid against him before the competent Court, wherein the police authorities have concluded that he is involved in the commission of offences under Section 15/18 NDPS Act. The applicant has further stated that he has been falsely implicated in the case. The mandatory provision of the NDPS Act have been violated with impunity and, therefore, the detention of the applicant is illegal and unjustified. The applicant is a law-abiding citizen of the state having great regard for the laws of the land. He has been deliberately and maliciously implicated as an accused at the instance of some disgruntled and anti-social elements, who are jealous of him. It is further pleaded that it is significant to submit here that the applicant has been diagnosed as a case of Hydrouretero Nephrosis which is a condition that occurs when the kidneys swell due to the failure of normal drainage of urine form the kidney to the bladder which causes severe pain and if not treated, it has the potential of causing risk to the life of the patient. The applicant is required to undergo surgery in connection with the ailment but being in the jail and without medication further complications can be caused to the applicant. It has also been averred that the rigor of Section 37 of the NDPS Act, does not apply to the case. The applicant will not tamper with the prosecution evidence and will abide by the conditions whatsoever are imposed on him, in case he is admitted to bail. In the premises, the applicant has urged that he be admitted to bail for the commission of the aforesaid offences.

(3.) Heard and considered.