MOHAMMAD MUNEEB MASOODI Vs. STATE OF J&K

JUDGEMENT

(1.) In this application, the applicant has craved the indulgence of this Court in admitting him to bail for the commission of offence under Section 8/15-18 NDPS Act, on the grounds, inter alia, that he was detained by the police authorities in a case bearing FIR No. 205/2017 for the commission of the aforesaid offences registered against him at Police Station Pampore. The applicant has further stated that he has been falsely implicated in the case. The mandatory provision of the NDPS Act, have been violated in the case with impunity and, therefore, the detention of the applicant is illegal and unjustified. It has also been averred that the rigor of Section 37 of the NDPS Act, does not apply to the case on hand. The applicant has further contended that he has been in custody for the last more than nine months by now and his continued detention has hampered him from proving his innocence. It is further alleged that the narcotic substance was recovered from a passenger vehicle which he was driving at that moment. A number of passengers boarded and de-boarded from the said vehicle at different stops, and therefore, the commission of the crime could not have been imputed to him. He 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.

(2.) The respondent, despite availing umpteen opportunities, have failed to file the objections.

(3.) Heard and considered.