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2022 Supreme(J&K) 422

MOHAN LAL
Raj Kumar – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jagpal Singh
For the Respondent: Deewakar Sharma

JUDGEMENT/ORDER :

1. Applicant has sought regular bail in FIR No. 120/2020 of Police Station Rajbagh Kathua for commission of offences contrary to sections 8/15/29 of Narcotics Drugs Psychotropic Substance Act, 1985 (for short the NDPS Act). It is averred, that applicant is a citizen of India and permanent resident of U.T. of J&K and is entitled to protection of all legal statutory and constitutional rights guaranteed to him by the constitution of India; that he has been implicated in false and frivolous case which has culminated in the production of challan which is pending disposal before the court of Ld. Sessions Judge Kathua titled State of J&K vs. Mohd. Ashraf and Anr.; that the applicant preferred bail application before the trial court but the same was rejected by the trial court's order dated 15-11-2021 on the grounds that quantity of alleged poppy straw recovered falls under commercial quantity; that the challan makes it amply clear, that only 2.66 kg of alleged poppy straw was recovered from the possession of applicant after his arrest on 26-08-2020 which is smaller quantity; that the trial court of Ld. Addl. Sessions Judge Kathua was not right in holding that alleged cont

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