NISSAR AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) IT is the case of the prosecution that commercial quantity of Narcotics substance was seized from the accused persons. The accused persons are in custody since the date of alleged recovery of such substance from them, which took place on October 6, 2006.

(2.) IN the present bail application, it is the contention of the applicants that there is discrepancy in the oral evidence and documentary evidence, as regard the quantum of sample of the seized material, which may establish that they are not guilty. These contentions are not germane, nor to be considered while considering an application for the grant of bail. The general principles for grant of bail are: whether on enlargement on bail the accused will disappear; whether the accused is such a person who can either pressurise the witnesses or create impediment in conclusion of the trial; reputation of the bail seeker viz -a -viz the allegations against him; the nature of the crime alleged to have been committed; and whether it would be safe to let such an accused loose in the society.

(3.) HOWEVER , Section 37 of The Narcotics Drugs and Psychotropic Substances Act, 1985, commitment of offence envisaged where under has been alleged against the applicants, requires satisfaction, in addition to what has been stated above, that there are reasonable grounds for believing that the accused is not guilty of the offence alleged and that he is not likely to commit any offence while on bail, at the time of consideration of an application for bail when the offence alleged involves commercial quantity of Narcotic substances.