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SANJAY DHAR
Javaid Ahmad Dar – Appellant
Versus
Union Territory of Jammu And Kashmir Through P/s Yaripora – Respondent
JUDGMENT
1. The petitioners have filed the instant bail application seeking bail in a case arising out of FIR No.10/2021 for offences under Section 8/15/29 of the NDPS Act registered with Police Station, Yaripora Kulgam.
2. As per case of the prosecution, on 26.02.2021, Police of Police Post, Frisal received information from reliable sources that the petitioners herein are involved in the trade of drug trafficking. On the basis of this information, the FIR came to be registered and the investigation was set into motion. During the investigation, the police party along with the SHO, P/S Yaripora, and the Executive Magistrate, Frisal, raided the house of petitioner Parvaiz Ahmad Dar. During its search, 11 Nylon bags were recovered from underneath the tin shed and these bags were found to contain Poppy Straw weighing 200 kgs. The samples were taken and the same were sealed, whereafter the samples were sent to the FSL for chemical examination. As per the report of the FSL, the recovered articles were identified as Poppy Straw plant material of Papaver Soniferum. Thus, according to the prosecution, offences under Section 8/15/29 of the NDPS Act were found established against the petitione
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The main legal point established in the judgment is the stringent conditions for granting bail under the NDPS act, specifically under Section 37, which require reasonable grounds to believe that the ....
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