Mukesh Kumar vs Union Territory of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 27

M. A. CHOWDHARY
Mukesh Kumar – Appellant
Versus
Union Territory of J&K – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: G.S. Thakur.
For the Respondent: Sumeet Bhatia.

JUDGMENT :

M.A. Chowdhary, J.

1. Petitioner facing trial in a case arising out of FIR No. 150/2021, registered at Police Station Udhampur for the commission of offences punishable under Sections 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) being unsuccessful in his bail application moved before the Court of learned Sessions Judge Udhampur (for shot ‘the trial Court’) has moved this application for grant of bail primarily on the ground that the petitioner is HIV+ve patient as certified by the doctor.

2. Learned counsel for the petitioner while arguing the case for a while mentioned a judgment passed by this Court in case titled Jasvinder Singh vs. State of J&K, 2022 (1) JKJ 28, whereby in similar circumstances the petitioner suffering from HIV+ve, was granted bail.

3. The petitioner has been charged for having in his possession 1.5 Qtl Poppy Straw which falls within the commercial quantity, as such, rigor of Section 37 of NDPS Act with regard to bail is applicable in the case. The petitioner herein while moving application before the trial Court had not taken the ground of his ailment, as such, the trial Court has not been able to address on the po

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