MOHAMMAD YAQOOB MIR
Aasif Ishtiyaq – Appellant
Versus
State of J&K – Respondent
Mohammad Yaqoob Mir, J.—In connection with case registered as FIR No.o8/2017 P/S Bijbehara for commission of offences punishable under Section 8/21-29 NDPS Act, petitioners have been arrested on 08.02.2017. Application seeking bail filed before the Court of learned Sessions Judge, Anantnag, has been rejected vide order dated 6th March, 2017, hence the instant application for grant of bail.
2. Allegation against the petitioners is that they were travelling in a vehicle (Alto) bearing registration No.JK01J-2343, on search, 28 bottles of Recoding (100 mls each) were recovered from the said vehicle and seized. Learned trial court while rejecting application for grant of bail has observed that the petitioners did not possess any valid document for transportation, stocking or sale of said cough syrup. The said cough syrup contains codeine which falls within the ambit of “Narcotic drugs”. The total codeine in 28 bottles fall within commercial quantity, therefore, rigour of Section 37 of the NDPS Act applies, accordingly, has rejected the bail application.
3. The menace of narcotic and psychotropic substance has to be controlled because use of such drugs has devastative impact on t
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