IN THE HIGH COURT OF JAMMU & KASHMIR AND

LADAKH AT SRINAGAR

Reserved on: 09.05.2022

Pronounced on: 21.05.2022

Bail App No.05/2022

RAYEES AHMAD DAR

... PETITIONER(S)

Through: - Mr. Shuja-ul-Haq, Advocate.

Vs.

UNION TERRITORY OF J&K

…RESPONDENT(S)

Through: - Mr. Usman Gani, GA.

CORAM:HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1)

The petitioner has invoked the jurisdiction of this Court

under Section 439 of the Cr. P. C seeking bail in FIR No.50/2021

for offences under Section 8/21, 29 of NDPS Act registered with

Police Station, Bijbehara.

2)

As per the prosecution case, on 17.03.2021, Police Station,

Bijbehara, received information that one person, namely, Sabzar

Ahmad Dar has concealed some contraband substance in his

residential house with a view to sell the same to the youth. On the

basis of this information, FIR No.50 of 2021 was registered and

investigation was set into motion. During investigation of the

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case, residential house of accused Sabzar Ahmad Dar was

searched and from there 2600 bottles of Welcyrex containing

Codeine Phosphate came to be recovered and seized. The samples

of the recovered contraband were sealed and sent to FSL,

Srinagar, for chemical examination. On 04.11.2021, accused

Sabzar Ahmad Dar came to be arrested. During his custodial

interrogation, he disclosed that the said contraband drug was kept

in his house by accused Zahid Ahmad Dar and Mudasir Ahmad

Dar. Accused Zahid Ahmad Dar came to be arrested on

19.11.2021 and during his custodial interrogation, he made a

disclosure statement that he along with Mudasir Ahmad Dar had

concealed the contraband drugs in the residence of co-accused

Sabzar Ahmad Dar. Accused Zahid Ahmad Dar made a further

statement that the said contraband drugs were actually purchased

by him from accused Rayees Ahmad Dar, the petitioner herein.

The petitioner/accused Rayees Ahmad Dar was arrested on

20.11.2021. It appears that the petitioner herein had approached

the Court of learned Principal Sessions Judge, Anantnag, for

grant of bail but the application came to be dismissed by the said

Court in terms of its order dated 01.02.2022.

3)

It has been contended by the petitioner that he has no

knowledge about the recovery of 2600 bottles Welcyrex (Codeine

Phosphate) and nothing has been recovered from his possession. It

has been further contended that there is no link between the

recovery of contraband from co-accused and the petitioner. It is

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also contended that confessional statement of the co-accused is not

admissible in evidence and, as such, on the basis of a statement

made by the co-accused, the petitioner cannot be implicated in the

instant case. Finally, it has been submitted that the petitioner is

ready to abide by any condition that may be imposed by this Court

in case he is admitted to bail.

4)

The bail application has been contested by the respondent

by filing a reply thereto. In its reply, the respondent has

contended that during investigation of the case, co-accused Sabzar

Ahmad Dar was arrested and he disclosed that the seized

contraband drugs were dumped in his house by other two accused,

namely, Zahid Ahmad Dar and Mudasir Ahmad Dar. It has been

further contended that accused Zahid Ahmad Dar disclosed that he

along with petitioner are indulging in trade of illicit drugs and

that they are selling the same to youth of the area at high rates. It

is further averred that one of the accused, namely, Mudasir

Ahmad Dar, is yet to be arrested.

5)

I have heard learned counsel for the parties and perused the

material on record including the Case Diary.

6)

A perusal of the Case Diary reveals that 2600 bottles of

Welcyrex (Codeine Phosphate) have been recovered by the

Investigating Agency from the house of co-accused Sabzar

Ahmad Dar. The quantity recovered