JUDGMENT :

1. The petitioner has filed the instant bail application seeking bail in challan titled “Union Territory of J&K vs Imtiyaz Ahmad Wagay” pending before the Court of Sessions Judge, Shopian arising out of FIR bearing No. 92/2020 of Police Station, Imamsahib, Shopian for commission of offences under sections 8 and 21 of the NDPS Act (for short the Act), after his bail application was rejected by the learned Sessions Judge Shopian vide order dated 23.03.2021.

2. Briefly stated, the instant bail application has been filed on the ground that the petitioner has been in custody eversince November, 2020 despite the fact that the petitioner is not involved in commission of any offence and no recovery has been effected from the petitioner. It is further stated that the quantity of alleged contraband recovered from the petitioner is in between small and commercial quantity and rigors of section 37 of the Act are not applicable.

3. Reply stands filed by the respondent in which it is stated that on 06.11.2020, the Police of Police Station, Imam Sahib, Shopian established a Naka at D. K. Pora Manihal Crossing and during checking one suspicious person was stopped, who tried to fled away bu