JUDGMENT :

1) Petitioner has invoked the jurisdiction of this Court under Section 439 of J&K Cr. P. C seeking bail in his favour in a case arising out of FIR No.264/2020 for offences under Section 8/20 of the Narcotic Drugs and Psychotropic Substances, Act, (for short ‘the NDPS Act’) registered with Police Station, Saddar, Srinagar. After investigation of the FIR, charge sheet stands already laid before the Court of 2nd Additional Sessions Judge, Srinagar. Pursuant to framing of charges against the petitioner, trial of the case is in progress.

2) As pr the case of the prosecution, on 05.11.2020, while the officials of Police Station, Saddar, Srinagar, were on patrolling duty near Natipora Chowk, Srinagar, they spotted a person moving in suspicious circumstances. The said person tried to escape from the spot but he was nabbed by the police personnel. The person was identified as accused/petitioner herein and upon his search, one bag was seized from his possession which contained thirty strips (720 capsules) of Spasmoproximio Plus. Upon questioning, the accused/petitioner could not justify the possession of the aforesaid drug and, accordingly, the recovered capsules were seized and the