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IN THE HIGH COURT OF JAMMU & KASHMIR AND

LADAKH AT SRINAGAR

Reserved on: 31.03.2022

Pronounced on:06.04.2022

Crl. R No.31/2021

CrlM No.1390/2021

TUFAIL AHMAD CHOTA

... PETITIONER(S)

Through: -

Mr. M. S. Latief, Sr. Adv. With

Mr. Zahid Khan, Advocate.

Vs.

STATE OF J&K

…RESPONDENT(S)

Through: -

Mr. Sajad Ashraf, GA.

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

JUDGMENT

1)

The petitioner, through the medium of instant petition, has

challenged two orders passed by learned 1^st Additional Sessions Judge,

Srinagar, one dated 20.08.2021, whereby petitioner has been charged for

the offences under Section 8/21, 22, 29, 27-A of NDPS Act and the other

dated 10.09.2021, whereby bail granted to the petitioner has been

cancelled.

2)

The facts emerging from the challan are that on 08.10.2020, when

the police personnel were on patrol duty near Islamia College, Srinagar,

they intercepted a vehicle bearing No.UP14HT-5312 (I 10). The vehicle

in question was being driven by accused Bilal Ahmad Sheikh. From his

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personal search, police recovered 02 strips of Spasmoproxyvon Plus

(each strip containing 24 capsules), currency notes of Rs.2090/, a

Samsung S-A50 mobile phone and a scanned copy of driving license of

the petitioner herein. The vehicle in question was also subjected to search

and 23 strips of Spasmoproxyvon Plus containing 24 capsules each were

recovered from underneath the driver9s seat. The police registered FIR

No.46/2020 for offences under Section 8/21, 22 and 29 of NDPS Act and

started investigation of the case.

3)

On 03.10.2020, the accused, namely, Bilal Ahmad Sheikh made a

disclosure statement before the police that he had travelled to Delhi to

meet one Ali Bhai whose address was given to him by the petitioner

herein, in connection with procuring the drugs Tricare-SR,

Spasmoproxyvon Plus and Tapal-75. During his questioning, the

aforesaid accused also disclosed that he has brought these drugs from

Delhi to Srinagar through a bus whereas he himself travelled to Srinagar

by air. Out of these drugs, the aforesaid accused handed over 40 strips of

Tricare-SR and 30 strips of Tapal-75 to the petitioner against a payment

of Rs.32,000/.

4)

On the basis of the disclosure made by accused Bilal Ahmad

Sheikh, the police raided the house of petitioner and during search of his

house, the police recovered 15 strips of Tapal-75 and 12 strips of Tricare-

SR and the petitioner was also taken into custody. On the basis of

disclosure made by accused Bilal Ahmad Sheikh, residence of another

person, namely, Junaid Ahmad Shah was also raided on 11.10.2020 and

from his residence, 96 capsules of Spasmoproxyvon Plus were

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recovered. Accused Junaid Ahmad Shah was also taken into custody.

Petitioner/accused also made a disclosure statement before the police

during his questioning and it was found that the said accused has

contributed an amount of Rs.27,000/ whereas co-accused Muneer

Ahmad Kurpal contributed an amount of Rs.5000/ towards the cost of

the drugs that they purchased from co-accused Bilal Ahmad Sheikh.

These amounts were found to have been deposited by petitioner and

aforenamed co-accused in the account of Bilal Ahmad Sheikh. It was

found that the petitioner had purchased 40 strips of Tricare-SR and 30

strips of Tapal-75 from co-accused Bilal Ahmad Sheikh, whereas

Mohammad Muneer had purchased 10 strips of Tapal-75 from co-

accused. On the basis of the disclosure, the house of Mohammad Muneer

Kurpal was also raided wherefrom 8 strips of Tricare-SR (80 tablets)

were recovered and seized. The said accused was also taken into custody.

Thus, in all four accused including the petitioner herein were arrested.

5)

It is the case of the prosecution that all these four accused in a

well-knit conspiracy were indulging in drug trafficking in Down Town

area of Srinagar City by procuring these drugs from