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MOHAN LAL
Raj Kumar – Appellant
Versus
UT of J&K – Respondent
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
The main legal point established in the judgment is that the determination of the quantity of contraband and the application of bail provisions under the NDPS Act should be based on a realistic and p....
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.
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 denied bail under the NDPS Act as the petitioner failed to meet the stringent conditions of proving he is not guilty and unlikely to reoffend while on bail.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the need for reasonable grounds to believe the accused is not guilty and....
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