MOHD SADIQ Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner who is alleged to be guilty for the commission of offences punishable under Sections 22/23, 8/21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called the Act) was arrested on 5-5-1989 by Police Station Kalakote and rust Information Report No. 24/89 registered against him in the Police Station Kalakote. The bail application filed by the petitioner was dismissed by the learned Sessions Judge, Rajouri vide his order dated 26th of September 1989 holding him to be involved for the commission of offence which was termed as potential danger to the society. Aggrieved by the order of learned Sessions Judge, the present petition has been filed in this court for grant of bail pending trial.

(2.) I have heard the learned Counsels for the parties and have perused the recotd.

(3.) I have not been disputed by the learned Counsel for the petitioner that his client is alleged to be In possession of heroine, a drug covered by the provisions of the NDPS Act. The punishment provided for the commission of offence under the Act is upto 20 years Rigorous Imprisonment and a fine of not less than one lakh Rupee. It is further provided that the minimum punishment for the commission of such offence shall be ten year.