1. An application presented before learned Additional Sessions Judge, Sopore, by the petitioner herein on 30.07.2018, was rejected in terms of order passed on 08.09.2018 with the observation that the material on record reveals the commission of offence under Sections 8/22, 29 of NDPS Act and it would not be proper at this stage to exercise discretion. The learned trail court has also taken note of the fact that the action of the petitioner is threat to society and so right to liberty and free movement has to be circumscribed.

2. While recapitulating the facts in which the petitioner herein was arrested, it is being contended that allegedly 48 capsules of medicine Spasmoproxyvon Plus were seized from the petitioner and 44 capsules were seized from the personal search of the driver of the vehicle, as portrayed in the case by the investigating agency. The facts and circumstances, as quoted in detail, are given as:

“On 23rd of July, 2018, police were on Nakah duty. They intercepted a vehicle bearing registration No.JK09A-1755 which was boarded by the petitioner and other person (driver). On personal search of the petitioner, 48 capsules of medicine Spasmoproxyvon Plus were seiz