IN THE HIGH COURT OF JAMMU & KASHMIR AND

AT SRINAGAR

Reserved on: 03.08.2022

Pronounced on: 17.08.2022

CrlM No.850/2022

In

Bail App No.51/2022

NISSAR AHMAD YATTOO

... PETITIONER(S)

Through: -

Mr. Tasaduq H. Khawaja, Advocate.

Vs.

UT OF J&K THROUGH P/S BATAMALOO …RESPONDENT(S)

Through: -

Mr. Sajad Ashraf, GA.

CORAM:

HON9BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1)

The petitioner has filed the instant application seeking

rectification of arithmetical error in order dated 18.07.2022 passed by

this Court in Bail App No.51/2022.

2)

A perusal of the record shows that the petitioner had invoked the

jurisdiction of this Court under Section 439 of the Cr. P. C seeking bail

in FIR No.139/2020 for offences under Section 8/21 of NDPS Act

registered with Police Station, Batamaloo. The aforesaid application

came to be dismissed by this Court in terms of order dated 18.07.2022,

primarily, on the ground that the narcotic drug recovered from the

possession of the petitioner falls in the category of commercial quantity

P a g e | 2

CrlM No.850/2002

In

Bail App No.51/2022

and, as such, rigour of Section 37 of the NDPS Act is attracted