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2024 Supreme(J&K) 189

M. A. CHOWDHARY
Wasim Khan – Appellant
Versus
UT of Ladakh – Respondent


Advocates Appeared:
For the Applicant : Mr. Idrees Saleem.
For the Respondent: Mr. Vishal Sharma, DSGI.

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

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