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2022 Supreme(J&K) 386

MOHAN LAL
Deepak Gupta – Appellant
Versus
U. T. of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Satinder Gupta
For the Respondents: Dewakar Sharma

JUDGEMENT/ORDER :

1. Petitioners/accused namely, (i) Deepak Gupta (age 31 yrs) S/o Sh. Ashwani Kumar R/o Ward No. 17 near Tangri Palace Kathua, (ii) Tarun Sharma (age 21 yrs) S/o Shiv Dutt Sharma R/o Ward No. 6 Sher Singh Mandi Kathua & (iii) Hitesh Gupta (age 24 yrs) S/o Sh. Rakesh Gupta R/o Ward No. 2 Kathua, have sought regular bail in FIR Bearing No. 56/2021 of Police Station Rajbagh, Kathua for commission of offences contrary to Sections 8/21/22/29 of Narcotic Drugs Psychotropic Substance Act, 1985 (for short the NDPS Act). It is averred, that petitioners are permanent residents of U.T. of J&K and citizens of India having no criminal objectionable antecedents whatsoever are in their young age, but have been subjected to frivolous criminal case infringing their right of liberty and their entitlement to the presumption of innocence; that the petitioners came to be arrested on 15.09.2021 for the allegations that 24 bottles of CIREX 100 ml each with mark WINCIREX were found from them while driving a car BREEZA Bearing No. JK08H/5000 on a naka checking point opposite Rajbagh Police Station, Kathua; that the court of Ld. Addl. Sessions Judge Kathua vide order dated 14.12.2021 framed

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