The main legal point established in the judgment is that possession of commercial quantity contraband invokes the rigour of Section 37 of the NDPS Act, precluding bail. The judgment also emphasizes the importance of complying with procedural instructions and the potential adverse impact of non-compliance on the prosecution case.

JUDGMENT :

1. The applicant has invoked Section 439 of the Code of Criminal Procedure, 1973 ("Cr.P.C." for short), for his enlargement on bail in case arising out of FIR No.28/2022 of Police Station, Leh, for offences under Sections 8/21/22 of Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act"), primarily on the grounds that the applicant has been falsely implicated without any rhyme or reason and rider of Section 37 of NDPS Act is not attracted and that applicant has no previous criminal record in any Court throughout India and that the applicant is the only earning member of the family and is newly wedded husband and his lodgement in jail will affect the whole family.

2. Pursuant to notice issued, respondent-UT of Ladakh has filed the objections asserting that the activities attributed to the applicant pose a serious threat to the health and welfare of the people of the area and since he indulged and motivated youth of the area for consumption of drugs, therefore, he does not deserve the concession of bail. It is also contended that illicit contraband psychotropic substances recovered from the possession of the applicant carries maximum punishment of 20 years and the case of the accused is at the stage of prosecution evidence and in case accused is enlarged on bail he will resort to influence the prosecution witnesses, therefore, present application is liable to be dismissed.

3. Before a closer look at the grounds urged in the application, it shall be apt to have an overview of the factual background of the case.

4. On 18.03.2022, while conducting the random checking of vehicles by the Naka Party of Police Post, Housing Colony Leh by Inspector-Rigzin Gurmet along with ASI-Mohammad Ibrahim No. 35/L, ASI-Stanzin Nangail No. 271/CID and Sgct. Mohd. Ali No. 491/L at Airport Road near Skalzangling Leh, one taxi vehicle (Van) bearing Registration No. JK10A-5318 being driven by one person namely Rincen Dorjey S/o Tsewang Konchok R/o Urbis was intercepted, wherein, one more person, namely, Wasim Khan S/o Karimullah R/o Skyanos Leh (applicant herein) was found travelling, who was found in possession of contraband suspected to be some narcotics Drugs and Psychotropic Substances namely i. Slight Wet Ganja like substances which was packed in 09 small polythene bags, ii. Spasmo Proxyon Plus Schedule H1 capsules black in colour found in two different plastic bags which was counted and found 760 numbers, out which two capsules were found in strip, iii. Spasmo Proxyvon Plus schedules H-1 total 570 capsules (Total 1330 capsules) were found and iv. Tablets ULTRACET (NRX Tramadol Hydrochloride and Acetaminophgen) of 08 strips containing 15 tablets each (total 105 Tablets). All these items were seized marked and weighed on spot in presence of local Executive Magistrate. Besides above other items including Cigareette Marlboro 50 packets, Digital Weighing Machine, 02 Pen Drives, 01 Travelling Bag, Luggage Tag Go First, 01 Aadhar Car, 01 Mobile Phone, 01 Wallet and Indian Currency of Rs.4,000/- (500 x 8) were also seized from the possession of the accused. During preliminary questioning, he disclosed his name as Wasim Khan, the applicant herein. It is allegation of the investigating agency that applicant was selling the contraband substance among the youth of the area. Accordingly, on the receipt of this docket, FIR came to be registered and investigation commenced. During investigating, the Investigating Agency, besides other legal formalities, sealed/re-sealed the contraband and sent the same to FSL, Srinagar, for expert opinion. The FSL opinion was obtained and offences under Section 8/20/21 of NDPS Act were found to have been proved against the applicant. On completion of the investigation, final charge sheet has been filed in the Special Court of learned Principal Sessions Judge, Leh, on 17.06.2022 and applicant is presently lodged in Jail.

5. It appears that the applicant had approached the trial court for grant of bail on the g