JUDGMENT :

1. Applicant has sought regular bail in terms of Section 439 of the Code of Criminal Procedure (hereinafter referred as the “code”) in case NCB Crime No. 01/2018 dated 08.01.2018 for the commission of offences punishable under Sections 8/20/28 of the Narcotic Drugs and Psychotropic Substances Act 1985 (for short the “NDPS Act”). It is averred, that applicant has been implicated in a false and frivolous case as he was standing in the parking area of Super Speciality Hospital Jammu, was having nothing on his person or in his hands, whereas, on 08-01-2018 non-applicant recovered four packets of charas wrapped in brown colour cello tape weighing 1.490 kg from the vehicle of co–accused Sanjay Kumar who was driving the vehicle bearing registration No. JK02V-9939 (Tempo Traveller); that non-applicant prepared the arrest memo of the applicant after falsely showing the aforesaid recovery from the possession of applicant, whereas, the only fault of applicant was that he was just standing near Super Speciality Hospital Jammu in parking area; that there has been violation of the mandatory provisions of NDPS Act as after recovery/seizure memo the NCB team alongwith the applicant and o