Radhey Sham vs UT of Jammu & Kashmir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 115

MOHAN LAL
Radhey Sham – Appellant
Versus
UT of Jammu & Kashmir – Respondent

Advocates Appeared:
For the Petitioner: Gagan Basotra; Sudesh Sharma.
For the Respondent: Sumeet Bhatia.

JUDGMENT :

1. Petitioner/accused has sought regular bail in terms of Section 439 of the Code of Criminal Procedure in case FIR No. 70/2020 for the commission of offences punishable u/ss 8/15 of Narcotic Drugs and Psychotropic Substances Act 1985 (for short the “NDPS Act"). It is averred, that the petitioner is a peace loving and law abiding citizen of India who enjoys the guarantee of fundamental rights as enshrined in part-III, in particular right to life and liberty as postulated under Article 21 of the constitution of India which cannot be curtailed without due process of law, however, the respondent has vitiated the above said right of the petitioner in the given facts and circumstance of the case; that the respondent presented chargesheet u/ss 8/15 NDPS Act in the above FIR No. 70/2020 on 17.12.2021 in the court of Pr. Sessions Judge Udhampur in absence of accused, who later on surrendered before the trial court on 16.04.2022, whereafter, petitioner filed an application for grant of bail which was rejected by the trial court of Pr. Sessions Judge Udhampur on 16.07.2022. It is moreso averred, that the petitioner is young aged person and belongs to respectable family, however, th