HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

(Through Virtual Mode)

Bail App 421/2021

Reserved on : 03.02.2022

Pronounced on :07-02-2022

Rehmatullah age 40 yrs. S/O Bashir Ahmed R/O Manchar Tehsil Bhagwa

District Doda. Applicant

Through:- Sh. S.A. Hashmi Advocate.

Versus

U.T of J&K through SHO Police Station Doda. Respondent

Through:-Sh. Suneel Malhotra GA.

CORAM:-HON’BLE MR. JUSTICE MOHAN LAL MANHAS JUDGE

ORDER

07.02.2022

1. Instant bail application has been moved by applicant/accused through his

counsel for his enlargement on bail on the grounds, that applicant is a

bona-fide citizen of the country entitled to all the constitutional and legal

rights; applicant has been arrested by police station Doda on 03-12-2021 in

an absolutely false and frivolous case in FIR No. 208/2021 u/ss 8/15 NDPS

Act on the basis of a concocted story that 1 ½ kg of Bhukki (Poppy straw)

has been recovered from his possession; applicant is innocent, has not

committed any offence nor violated any law of the land; the quantity of

alleged contraband recovered from the possession of applicant is below the

commercial quantity and little more than small quantity as such rigor of

section 37 of NDPS Act does not apply; applicant filed an application for

grant of bail in the court of Addl. Session Judge Doda which was

dismissed on 17-12-2021 on the ground of gravity of offence and its

impact on the society; applicant is a poor person and is dependent upon his

daily earned wages, has to support himself and his family as he is the sole

Sr. No. 32

2 Bail App NO. 421/2021

bread earner of the family; the object of bail is to secure the attendance of

accused at trial by reasonable amount of bail; deprivation of personal

liberty must be considered as a punishment which can only be inflicted

after the trial and if the accused is found guilty; applicant is ready to abide

by all the terms and conditions imposed by the court if enlarged on bail.

2. Respondent through it’s counsel by filling objections has opposed the bail

on the grounds, that from the possession of accused contraband poppy

straw weighing 1 kg 900 grams has been recovered on 03-12-2021 by

police station Doda and consequently FIR 208/2021 u/s 8/15 NDPS Act

stood registered; there is no material before the court to believe that

accused is not involved in commission of offence; FSL report confirms

that contraband recovered from accused is morphine; all the rigors of

NDPS Act are applicable; negation of bail is a rule and grant is an

exception; accused belongs to organized group operating in the manner to

destroy the social fiber of the society and spoil the younger generation by

the manse of drugs; curtailment of liberty of such a person has time and

again held by the Hon’ble courts as justified; the trial court has passed a

detailed order and considered all the aspects while rejecting the bail

application of the accused; bail in NDPS Act is an exception and not a rule,

prayer has been made for rejection of the bail.

3. Heard and considered. From the objections filed by the respondent, it is

abundantly clear, that the applicant/accused has been found in possession

of 1 kg and 900 grams of poppy straw (Bhukki) on 03-12-2021 by police

station Doda. Serial No. 110 of the Table appended to the NDPS Act

depicts that 1 kg (1000 grams) of poppy straw is “small quantity” while 50

kg of poppy