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2022 Supreme(J&K) 370

SANJAY DHAR
Gh. Jeelani Bhat – Appellant
Versus
UT of J&K – Respondent


Advocates Appeared:
For the Petitioner: Umar Rashid Wani.
For the Respondent: Raes-ud-din.

JUDGMENT :

1. The petitioner has invoked jurisdiction of this Court under Section 439 r/w Section 397 of the Cr.P.C., seeking bail in a case arising out of FIR No. 02 of 2022 for offences under Sections 8/20, 29 of the Narcotic Drugs and Psychotropic Substances, Act, (for short 'the NDPS Act') registered with Police Station, Ganderbal.

2. As per the prosecution case, on 10.01.2022, Police Station Ganderbal received a written docket from Police Post Nagbal to the effect that while performing checking at Bakura crossing, the Police party saw two persons coming from Bakura to Nagbal. The said persons, on seeing the police party, attempted to flee from the spot but they were apprehended. During preliminary questioning, they revealed their names as Ghulam Jeelani Bhat S/o Abdul Rashid Bhat R/o Bakura and Ghulam Mohammad Wani, S/o Assadullah Wani, R/o Lider-Mad Pulwama. A search of the said persons was carried out and charas like substance was recovered from their possession contained in Maize covers (5 in number). Out of these, three Maize covers recovered from the petitioner herein. The quantity of contraband recovered from the petitioner was found to be 80 grams whereas the quantity of

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