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2022 Supreme(J&K) 91

SANJEEV KUMAR
Abdul Majeed Lone – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.M. Dar, Sr. Advocate with Mr. Bhat Shafi, Advocate
For the Respondent: Mr. Sajad Ashraf, GA

JUDGMENT :

Sanjeev Kumar, J.-This is an application by the petitioner under Section 439 of the Code of Criminal Procedure, 1973 seeking his enlargement on bail in case FIR No.10/2020 under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [“the Act”] registered with Police Station, Karalgund district Kupwara. Prior to approaching this Court, the petitioner had moved a similar application before the Additional Sessions Judge, Handwara [“the Trial Court”] where the trial against the petitioner is pending adjudication. The Trial Court after appreciating the rival contentions did not find it a fit case to enlarge the petitioner on bail pending trial and as a result, rejected the application for bail filed by the petitioner vide its order dated 26th June, 2021.

2. Being dissatisfied and aggrieved by the order dated 26th June, 2021 passed by the Trial Court the petitioner has filed the instant petition seeking indulgence of this Court to grant him bail in the aforementioned case.

3. The petitioner seeks his enlargement on bail, inter alia, on the following grounds:-

    i) The petitioner is innocent and has been falsely implicated in the FIR registered for commission o

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