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2023 Supreme(J&K) 644

MOHD. AKRAM CHOWDHARY
Rakesh Singh – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jagpaul Singh
For the Respondent: Sumeet Bhatia

JUDGMENT :

Mohd. Akram Chowdhary, J.

1. The petitioner is accused in a case registered vide FIR No. 524/2022 at Police Station, Udhampur for commission of offence punishable under sections 8/21/22 of the Narcotic Drugs and Psychotropic Substances Act (for short, "NDPS Act") which, after investigation, is pending trial before the court of learned Additional Sessions Judge, Udhampur ["the Trial Court"].

2. Petitioner prior to it moved a bail application before the Trial Court seeking his release from the judicial custody pleading therein that the petitioner has been falsely implicated in the case, investigation is complete and final report presented and nothing is required to be recovered from him. The application for bail filed by the petitioner was contested by the prosecution and the same was dismissed by the Trial Court vide its order dated 02.01.2023. As is apparent from order dated 02.01.2023 passed by the Trial Court, the petitioner was held not entitled to release on bail in view of his involvement in two other cases registered under sections 8/21/22 of NDPS Act, in which investigation is still pending, therefore, repetition of offence by the petitioner cannot be ruled out.

3. Ha

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