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RAJNESH OSWAL
Imtiyaz Ahmad Dar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shuja Ul Haq, Advocate
For the Respondent:Ms. Afroza Hassan, Advocate vice Mr. B. A. Dar, Sr. AAG

ORDER :

1. The petitioner is facing trial in the court of learned 1st Additional Sessions Judge, Srinagar for commission of offences under sections 8 and 20 of the NDPS Act (for short the Act) arising out of FIR bearing No. 61/2019 of Police Station, Rainawari on the ground that on 13.11.2019 Police Party of Police Station, Rainawari during checking at Rainawari Chowk stopped the vehicle (Car i-20) bearing registration No. JK01AE 4787 and searched the same. During the course of search of the vehicle, a polythene bag was recovered beneath the driver’s (petitioner’s) seat and on opening, 39 pieces of charas like substance weighing 1 Kg and 900 gms were found. The challan came to be presented on 13.12.2019 and the accused was charged for the commission of offence under sections 8 and 20 of the Act vide order dated 01.02.2020. The petitioner earlier filed a bail application before the court of learned 1st Additional Sessions Judge, Srinagar but the same was rejected by the court vide order dated 02.04.2021 and after rejection, the present bail application has been filed primarily on the ground that the witnesses during the course of trial, have made contradictory statements and particul

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