FAYAZ AHMED SHEIKH Vs. STATE OF J&K

JUDGEMENT

(1.) In this bail application, the petitioner inter alia seeks grant of bail in FIR No.69/2017 registered at Police Station, City, Jammu under Sections 8/21/22/60 of N.D.P.S Act.

(2.) Facts giving rise to the filing of the instant application, briefly stated, are that on 12.12.2017 at about 21:30 A.M a police party of Police Station, City Jammu, during naka checking, found one Car bearing registration No.HR30G/5301 was coming from Vivek Nanda Chowk towards Residency road, it was stopped and the accused was found driving the aforesaid Car; On search of the Car, 17 bottles of Kuffcare and 13 bottles of Corex were recovered from the possession of the accused. On the basis of which, FIR No.69/2017 under sections 8/21/22/60 of NDPS Act was registered and the investigation was commenced. During investigation, the contraband was seized, accused was arrested and after completion of challan, the same was produced before the competent court of jurisdiction and at present the case is pending before the Court of learned 1st Additional Sessions Judge, Jammu.

(3.) In the bail application, it has been stated that there was no compliance of sections 50, 55 and 57 of Act; there are contradictions in the statements of prosecution witnesses; that independent witness has been turned hostile; that no CFSL form has been filled on spot.