ABDUL RASHID DAR Vs. STATE

JUDGEMENT

(1.) Abdull Rashid Dar, petitioner before this court was arrested on 6.6.1998, after being found carrying a contraband drug (Brown sugar). He is shown accused in FIR 130/98 under Section 8/20 N.D.P.S Act, registered at p/s Budgam. The petitioner was refused bail by District and Sessions Judge Budgam, the trial court, under his order dated: 12.9.98. Against this order revision has been failed in this Court. Petitioner has also moved as applicating for bail separately. The grounds put forth for bail are:-

(2.) The other side has appeared through M/S M.I.Qadri, Senior Additional Advocate General, M.Amin, and G.Ali Govt. Advocates Mr.G.Ali has addressed arguments in the matter.

(3.) Respondents have opposed the bail on the ground that even though the investigation agency is not shown to have complied with Section 50 of NDPS Act, same does not entitle the accused to get bail, as the compliance with section 50 of NDPS Act can be established during the trial by the prosecution. The accused has been caught red-handed while carrying the contraband, therefore, he should not be given bail notwithstanding that the challan has been produced in the court.