MOHD. SHAKOOR KHATANA Vs. STATE OF J&K ORS.

JUDGEMENT

(1.) Petitioner alongwith two co-accused persons namely Mohammad Ayoub Wani and Feroz Ahmed Lone are facing trial before the Court of Learned Sessions Judge, Srinagar for commission of offence punishable under Section 20/28 of the Narcotic Drugs and Psychotropic Substance Act hereinafter for short referred as "NDPS Act". Allegedly 11 packets, containing 33 kilograms of Charas, were recovered from the Vehicle bearing Registration No. MH02N-7852 which was intercepted by the Police at Pantha Chowk. The accused Feroz Ahmed Lone was driving the vehicle who on interrogation revealed that the Charas had been kept concealed in the body of the vehicle by the accused, Shakoor Ahmed Khatana. It was also divulged by him that the Charas belonged to the accused, Shakoor Ahmed and Mohammad Ayoub Wani. Both the accused were also arrested on 22.02.2008.

(2.) Registration of the case as Crime No. 3/2008 by Police Station, CIK, Srinagar culminated in filing the charge sheet (challan) against all the three accused for commission of offence punishable under Section 20/28 NDPS Act. Trial before the Learned Sessions Court is in its full swing. Statement of some of the witnesses stand recorded. All the three accused have filed the petition for grant of bail before the learned Sessions Judge, Srinagar.

(3.) For the detailed reasons given in the order dated 01.11.2008 disposing of the said petition, accused, Mohammad Ayoub Wani, has been admitted to bail as reasonable ground prima-facie were missing for believing commission of offence by the accused Mohammad Ayoub Wani. The grant of bail in favour of the rest of the two accused stand declined with an observation that the said accused shall not be precluded from making a fresh application at any subsequent stage.