The court emphasizes that at the bail stage, detailed scrutiny of evidence is not required. The court relies on the charges framed by the trial court and the confessional statements made by other accused persons to dismiss the bail applications.

JUDGMENT

Javed Iqbal Wani, J. - This order shall dispose of three bail applications i.e. Bail App 43/2022, 76/2022 and 44/2022, having arisen out of one and the same FIR being FIR no. 93 of 2021 registered with Police Station Handwara under sections 8/21 read with sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) as also sections 466 and 34 IPC against the petitioners.

2. According to prosecution version, on 16.4.2021 the police station Handwara received a written docket on behalf of Incharge Police Post Langate, SI Shahid Nazir, No. 474/PAU to the effect that while conducting naka checking of vehicles and pedestrians at Dandkadal, Langate, one vehicle Santro bearing no. JK09/0504 on way from Batgund to Langate was stopped for checking, whereupon two persons boarding the said vehicle fled away before the naka leaving behind a mobile set 'Redmi Mi' with IMEI no. 860786044970872, 86076044970880, which was recovered by the police while apprehending at the naka the driver of the vehicle and another person boarding the said vehicle.

3. According to prosecution version, upon checking of the vehicle in question, one polythene bag came to be recovered containing Heroin like substance approximately 900 gram. During preliminary questioning of the apprehended driver and another person, the driver identified himself as Mohd. Yousuf Bhat son of Ab. Aziz resident of Pingroo, and the other person as Javid Ahmad Khan son of Dawlat Khan resident of Gund Chabootra. The said apprehended driver and Javid Ahmad Khan during questioning further revealed identity of two persons who fled away from the vehicle as Zahoor Ahmad Bhat resident of Syedpora Karnal, and Bashir Ahmad Dar resident of Adoora, Mawar.

4. According to prosecution version, during the course of investigation a site plan was prepared and statement witnesses was recorded, and the substance recovered was weighed and found 1 kg which was seized besides seizing the vehicle in question. During the course of investigation of the case, as per the prosecution version, the particulars of the owner of the vehicle came to be verified from the office of the Regional Transport Officer, Kashmir who reported that one Abdul Qayoom War son of Mohd Akbar resident of Shogpora, Magan, was the actual owner of the vehicle and he had sold the said vehicle to one Bilal Ahmad Mir son of Gh. Qadir resident of Dahama Vilgam. During the investigation, it was also found that the said Bilal Ahmad Mir was running a workshop at Handwara wherein one Aqib Akber Khan resident of Langate (petitioner in bail application no. 76 of 2022) was stated to have been working and had taken the vehicle in question from the workshop to his home and changed the number plate of the vehicle by affixing a fake number plate. It is also pertinent to note that during the course of investigation the prosecution states to have obtained opinion of Forensic Laboratory qua the seized substance and in terms of the said opinion the recovered substance was found to be Heroin. It is also significant to note here that during the course of investigation, a certificate under section 65-B of the Evidence Act is stated to have been obtained from Airtel mobile company, Jammu, with CDR details of the mobile set seized with SIM card no. 8082878823 registered in the name of one Mohd. Azam Dayan son of Mohd. Touseen resident of Dani Tangdar, who is stated to be maternal uncle of the accused Zahoor Ahmad Bhat son of Noor Hussain Bhat resident of Syedpora, Karnah (petitioner in bail application 43 of 2022) who was found to be boarding the vehicle in question on the date of occurrence with the said mobile phone of his maternal uncle.

5. Upon conclusion of the investigation, offences under section 8/21, 22, 29 NDPS Act read with section 466 and 34 IPC, were found to have been committed by the accused persons and charge sheet is stated to have been laid before the court of Additional District Judge on 9.10.2021.

Heard