Jammu & Kashmir High Court
Gagandeep Sharma vs Ut Of Jk Th. Sho P/S Rajouri on 31 December, 2024
S. No. 03
Suppl Cause List-2
INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT JAMMU
(Through Virtual Mode from Srinagar)
Bail App. No. 285/2024
Gagandeep Sharma
...Appellant(s)/Petitioner(s)
Through: Mr. Ankush Sharma, Advocate
Vs.
UT of JK Th. SHO P/S Rajouri
...Respondent(s)
Through: Mr. Bhanu Jasrotia, Advocate
CORAM:
HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE
ORDER
31.12.2024
Applicant is facing trial before the Trial court for the offences
punishable under Section 8/20/25/29/27A NDPS, (later striking down of
section 27A NDPS), whose bail application has been rejected by the Trial
court.
The allegations against applicant are that on 02.05.2024, a patrolling
team from PS Nowshera, led by PSI Sunil Sharma and other police officials,
apprehended him near Pir Baba Bareri. The applicant was sitting near the road
when he attempted to flee on seeing the police party. He was stopped and a
search was conducted. During the search the following recoveries were made
from the applicant and other accused persons:-
1. Sandeep Chandan- 12 balls of charas weighing 105 grams.
2. Gagandeep Sharma- 10 balls of charas weighing 94 grams.
3. Sunil Kumar – 13 balls of charas weighing 107 grams
4. Krishna Bhasin (juvenile)-12 balls of charas weighing 104 grams
A total of 410 grams of charas is said to have been recovered from all
four persons. Additionally, Rs.58,000/- in cash and a motorbike bearing
registration No. JK11G3704 were also seized.
After arrest, accused no.4 (Krishna Bhasin) was produced before the
Juvenile Justice Board in Rajouri. The custody of the juvenile was handed
over to his mother.
The accused (Sandeep, Gagandeep and Sunil) were produced before the
court of Sub Judge (JMIC) Nowshera, and judicial remand was obtained from
time to time.
That samples of the seized charas were sent to the Forensic Science
Laboratory (FSL) in Jammu. The FSL report confirmed the presence of charas
in the samples.
Objections have been filed and prayer for bail has been resisted by the
respondents that the applicant is involved in serious offences and is found in
possession of Charas being about 94 grams. He along with others was
apprehended and total quantity of Charas, recovered from all of them, was
about 405 grams.
Applicant is facing trial and is in custody for last eight months. A
quantity which has been seized from the accused in this case does not fall
within a category of commercial quantity as Charas more than 1000 gms falls
within the category of commercial quantity. The contraband seized falls
within the intermediate category and, as such, rigor of Section 37 of the NDPS
Act would not be attracted.
Since applicant is in custody since 02.05.2024, and rigor of Section 37
of NDPS Act is not applicable, therefore, he is admitted to bail on his
furnishing bail bond and personal bond in the amount of Rs.1.00 Lac each to
the satisfaction of the Principal Sessions, Judge, Rajouri, with the condition
that he will remain present before the Trial court during the trial and shall not
in any way temper with the prosecution evidence.
Petition disposed of.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR
31.12.2024
“Imtiyaz”
Imtiyaz Ul Gani
I attest to the accuracy and
authenticity of this document
14.01.2025 13:01
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