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2021 Supreme(J&K) 184

RAJNESH OSWAL
Harvinder Singh – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajesh Chargotra.
For the Respondent: Mr. Vishal Bharti.

ORDER :

1. The instant bail application has been filed by the petitioner, who is facing trial in challan, titled, Union Territory of J&K vs. Harvinder Singh arising out of FIR bearing No. 58/2017 registered with Police Station, Chenani for commission of offences under Sections 8, 21 and 15 of the NDPS Act (for short the Act) for grant of bail. Earlier he had filed the bail application before the court of Principal Sessions Judge, Udhampur (hereinafter to be referred as the trial court) and the same was rejected by the learned trial court vide order dated 08.09.2020. The petitioner has filed the instant bail application on the ground that the police has allegedly recovered the Heroin weighing 3 Kg 905 grams and Poppy Straw weighing 2 Kg from the applicant/petitioner and after completion of the investigation, the challan was filed before the trial court and the learned trial court vide order dated 21.07.2017 has framed the charges. The prosecution has led evidence and has examined Sub Inspector Balbir Chand who had allegedly made the chance recovery and on whose docket, FIR (supra) was registered and also the two witnesses of the seizure memo of the alleged recovery of the contraband

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