JUDGMENT :

1. The petitioner has challenged order dated 02.02.2023 passed by learned Principal Sessions Judge, Pulwama, whereby, inter alia, the petitioner has been charged for offences under Section 8/21 read with Section 29 of the NDPS Act.

2. Briefly stated, the case of the prosecution is that on 1st November 2022, Police Station, Pulwama, received information that accused Sheikh Imran has concealed contraband substance in his cow shed located at Alamdar Colony, Prichoo, Pulwama. Upon receiving this information, the police along with the Executive Magistrate proceeded to the spot and searched the cow shed of accused Sheikh Imran and recovered 13 bottles of Codeine therefrom. The aforementioned accused made a disclosure statement that other accused including the petitioner herein are involved in the business of drug trafficking. In the disclosure statement, the said accused further stated that accused Gowhar Ahmad Najar is in the process of transporting more contraband drugs to him. On the basis of this disclosure statement, the Dy.SP along with his escort laid a Naka at Wagum Mode Degree College, Pulwama, and on the basis of identification made by accused Sheikh Imran, one vehicle