Abdul Nasir Shah v. State Of J&K

Puneet Gupta, J.:— The applicant accused has been roped in FIR No. 111/2019 under Section 8/20/60 NDPS Act registered with Police Station, Thanamandi, Rajouri as 550 gms of charas is alleged to have been recovered from the possession of the applicant. The bail is sought on the ground that he has been falsely implicated in the case and that the investigation in the FIR stands completed. The procedure prescribed for NDPS cases has not been followed in the present case.

2. The status report in the application has been filed. It is submitted in the report that as per the report received from FSL charas was detected during the analysis of the material sent for examination. The challan has been produced in the court of law on 09.08.2019. The accused is in custody from 16.06.2019.

3. Learned counsel for the respondent has submitted that it is evident from the report that the accused is involved in a heinous offence and is, therefore, not entitled to bail.

4. The supplementary affidavit is also filed on behalf of the applicant by the father of the applicant wherein it is submitted that the parents of the accused are of old age. The other side has not filed any reply to the affidavit. However, counsel for the respondent has submitted that the ground mentioned in the affidavit is not sufficient to grant bail to the accused.

5. The bail application moved earlier before the court of learned Additional Sessions Judge, Rajouri stands dismissed on 18.07.2019. It is not in dispute that the contraband allegedly recovered from the accused is more than the small quantity and less than the commercial quantity. In other words, the contraband seized is of intermediate quantity and rigor of Section 37 NDPS Act is not attracted in the present case. No doubt the offences under various provisions of NDPS Act attract severe punishment in case the accused is convicted after the trial. However, so far as application for grant of bail is concerned the same cannot be rejected on that score.

6. The accused is in custody for the last more than one year and further detention of the accused would amount to punishment. It may take some time to complete the trial and therefore, consideration for grant of bail on that aspect of the matter is also required to be given.

7. This Court in Ghulam Hassan v. State of J&K, Bail Application No. 148/2018 decided on 03.11.2018 granted bail to the accused from whom recovery of 700 gms of charas was alleged as the rigor of 37 NDPS Act nor Section 497 Cr.P.C was held applicable. Following the dictate of the above order, the Court finds no reason not to accept the application filed for grant of bail.

8. Accordingly, application is allowed and the applicant-accused is granted bail subject to furnishing of personal bond of Rs. 30,000/- and surety bond of the like amount subject to the satisfaction of the Presiding Officer of the trial court where the challan has been presented failing which he shall remain in custody. The accused shall appear regularly before the trial court and shall not try to tamper with the evidence in any manner.

9. The application is disposed of.