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SANJAY DHAR
Amjad Dar – Appellant
Versus
UT of J&K – Respondent
JUDGEMENT/ORDER :
1. The petitioner has filed the instant application under section 439 of the Code of Criminal Procedure for grant of bail in case FIR No. 06/2022 for offences under section 8/21 of NDPS Act registered with Police Station, Shaheed Gunj, Srinagar.
2. As per the prosecution case, on 21.01.2022, two unknown boys were rooming suspiciously near Jahangir Chowk and on spotting police party, they tried to run away from the spot but the police party managed to apprehend the said boys. During their enquiry, the suspects revealed their identity as Amjad Dar (petitioner herein) and Arif Maqsood Khan. Upon their personal search, 07 grams and 10 grams of heroin like substance was recovered from above named two persons respectively. The accused could not justify the possession of the aforesaid contraband substance. Accordingly, the recovered contraband substance was seized and the FIR came to be registered against the accused/petitioner. During investigation of the case both the accused were taken into custody. The sample of the seized contraband was sent to the FSL, Srinagar, for seeking expert opinion, which is stated to be awaited.
3. It appears that both the accused had approach
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 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....
The rigour of section 37 of NDPS Act is not applicable in cases where the quantity of contraband recovered is an intermediate quantity.
The court established that the presence of prior drug-related offenses and the potential for reoffending are significant factors in determining bail eligibility under the NDPS Act, even when the quan....
The rigours of Section 37 of the NDPS Act do not apply to cases involving intermediate quantity of contraband, influencing the court's decision to grant bail.
The recovery of an intermediate quantity of contraband, completion of investigation, and lack of evidence regarding the petitioner's bad antecedents were key factors in granting bail.
Search and Seizure - Found 92 grams of ‘Brown sugar’ - Quantity of contraband - Grant of Bail - Quantity of contraband falls within category of intermediate quantity and also that challan has been fi....
Possession of an intermediate quantity of narcotics does not guarantee bail; each case must be assessed on its own facts considering societal implications.
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....
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