Jammu and Kashmir High Court
Bail App/413/2022 of SUKHPREET SINGH Vs U T OF J AND K TH SHO POLICE STATION POONCH on 31 December 2022
COURT OF JAMMU, KASHMIRAND LADAKH ATJAMMU Bail App. 413/2022 Sukhpreet Singh .....Applicant(s) Through:- Mr. Ashish Sharma, Advocate v/s UT of J&K .....Respondent(s) Through:- Mr. Adarsh Bhagat, GA Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 1. The petitioner has
HIGH COURT OF JAMMU, KASHMIRAND LADAKH ATJAMMU
Bail App. 413/2022
Sukhpreet Singh
.....Applicant(s) Through:- Mr. Ashish Sharma, Advocate
v/s
UT of J&K
.....Respondent(s)
Through:-Mr. Adarsh Bhagat, GA
Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
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ORDER
1. The petitioner has preferred the instant bail application for grant of bail in FIR No. 0194/2022 dated 11.09.2022 registered with Police Station, Poonch for commission of offences punishable under Sections 8(a) and 21 of the NDPS Act. 2. Learned counsel for the petitioner submits that the allegations made in FIR in question are fabricated, false and frivolous and the applicant has been arrested without any fault on his part. It is stated that the seized quantity i.e. heroine alleged to have been recovered from the applicant is 8/10 grams which clearly reveals that the applicant was arrested without any reason.
3. Learned counsel for the applicant submits that the respondents have not mentioned the exact weight after weighting it properly as required by the Act and that the respondent failed to comply with the provisions as the respondent did not find anything from the possession of the applicant otherwise, the necessary formalities/procedure at the time of arrest as provided by the NDPS Act would have been complied with.
4. Objections have been filed by the respondent, stating therein that 11.09.2022 the patrolling party received an information about a person carrying some narcotic substance near Bowll BJP office ward No. 17 Poonch, on reaching the spot PSI Rahul Angral apprehended the person and on being questioned he disclosed that his name is Sukhpreet Singh and on being searched by Mohd Tariq 989/p recovered Narcotic(Heroine) like substance from his left pocket of the trouser wrapped in pink colored polythene and on weighting the same was found 10.38 gm heroine kike substance from his possession.
5. Learned counsel for the petitioner submits that the investigation of the case is complete and challan has been filed in the Court of learned Pr. Sessions Judge, Poonch on 05.11.2022 and the petitioner undertakes to extend full co-operation to the investigation agencies and shall also appear before the trial Court as well as before the investigation officer as and when is required.
6. The investigation in this case has been completed and as such keeping the applicant in custody will not serve any purpose.
7. Having regard to the contents of the bail applications coupled with the submissions made by learned counsel for the parties, a ground for grant of bail in favour of the petitioner is made out, which is, accordingly, granted in case he furnish personal bond to the tune of Rs. One lakh as well as surety bond of the like amount each to the satisfaction of the learned Pr. Sessions Judge, Poonch on the following terms and conditions:-
(i) That petitioner shall cooperate with the investigating agency and shall also remain present as and when directed by the investigating agency; and shall also remain present as and when directed by the investigating agency;
(ii) That he shall not temper with prosecution evidence directly or indirectly against them at the trial. indirectly against them at the trial.
(iii) That he shall not leave the territorial jurisdiction of Police Station, Poonch without prior permission; Station, Poonch without prior permission;
(iv) That he shall remain present before the Trial Court on each date of hearing; of hearing;
8. The bail application is, accordingly, disposed of.
Jammu31.12.2022 Bir
(VINOD CHATTERJI KOUL) JUDGE