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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Farooq Ahmad Mir – Appellant
Versus
Ut Of J&K – Respondent
| Table of Content |
|---|
| 1. commercial quantity poppy straw recovered from petitioners. (Para 1 , 2 , 3 , 4) |
| 2. petitioners allege procedural flaws; prosecution cites evidence. (Para 6 , 7) |
| 3. ndps s37 requires reasonable belief of non-guilt for bail. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. witness contradictions insufficient for reasonable doubt on guilt. (Para 15 , 16 , 17) |
| 5. bail petitions dismissed for lack of merit. (Para 18) |
JUDGMENT :
SANJAY DHAR, J.
1) The petitioners, through the medium of present petition, have sought bail in a case arising out of FIR No.158/2023 for offences under Sections 8/15 read with Section 29 of NDPS Act registered with Police Station, Rajbagh, Bijbehara, which is stated to be pending before the Court of Special Judge (Designated under NDPS Act), Anantnag (for short “the Special Judge”).
2) As per the allegations made in the challan filed against the petitioners, on 04.07.2023, P/S Bijbehara received source information to the effect that petitioner No.1 has concealed a large quantity of contraband substance in his residential house at Tulkhan Bijbehara. Upon receipt of this information, FIR No.158/2023 for offences under Section 8/15 and 29 of NDPS Act came to be
Bail in NDPS commercial quantity cases demands substantial probable causes to believe non-guilt and no reoffending risk; minor witness contradictions inadequate against prima facie prosecution suppor....
Admissible evidence, such as financial transactions and witness statements, can support a defendant's involvement in a crime, even if a co-accused's confessional statement is inadmissible. The restri....
Narcotic substances - Bail dismissed - Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are reasonable ground....
In NDPS commercial quantity cases, residence in house with contraband recovery from common area establishes prima facie possession; bail denied as twin conditions under Section 37 not satisfied despi....
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
The court emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
The main legal point established in the judgment is that the determination of the quantity of contraband and the application of bail provisions under the NDPS Act should be based on a realistic and p....
The court emphasized that in narcotics cases involving commercial quantities, a presumption of conscious possession applies to all occupants of a vehicle, requiring strict adherence to Section 37 of ....
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