SANJAY DHAR
Gh. Jeelani Bhat – Appellant
Versus
UT of J&K – Respondent
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
The main legal point established is that the severity of punishment and seriousness of alleged offences must be balanced with the presumption of innocence and the principle that deprivation of libert....
Severity of the offence and potential danger to society are key factors in denying bail under Section 439 of Cr.P.C. for offences under Section 8/15 of NDPS Act.
Search and seizer of Contraband - Unless two conditions mandated under Section 37 of the NDPS Act are satisfied, an accused who is involved in offence relating to commercial quantity of contraband, c....
The main legal point established in the judgment is that the grant of bail is a rule, and its refusal is an exception. The court emphasized the need to balance individual liberty with the interest of....
The discretion to grant bail under the NDPS Act should be exercised judiciously, considering the impact on society and the cumulative effect of facts.
Point of Law - Dismiss the bail application - Recoveries together fall within category of commercial quantity - Section 37 of Act no accused can be released on bail when application is opposed by Pub....
Narcotic substances - Bail dismissed - Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are reasonable ground....
The main legal point established in the judgment is that bail under the NDPS Act can only be granted if there are reasonable grounds to believe the accused is not guilty of the offence and not likely....
The court emphasized that in narcotics cases involving commercial quantities, a presumption of conscious possession applies to all occupants of a vehicle, requiring strict adherence to Section 37 of ....
An accused involved in an offence with commercial quantity of contraband cannot be released on bail without satisfying the conditions under Section 37(2) of the NDPS Act, and the court must adhere to....
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