Document Fragment View

Matching Fragments

4. The petitioner has suffered rejection of his bail plea from the trial court of learned Principal Sessions Judge, Kupwara, which, vide an order dated 27.06.2023, came to reject not only the bail application of the petitioner but also that of other three co-accused by said common order dated 27.06.2023.

5. On 11.07.2022 the Police of Police Station, Tregam is said to have set up 'Naka-check' at Chaeshma, Tregam. At said 'Naka-check' a motorcyclist riding a motor cycle bearing registration No.PB10EX-4382 on its way from Kupwara to Kralpora when signaled to halt is alleged to have tried to escape only to be got caught alongwith pillion rider by the Naka Party. The motorcyclist came to be identified as Asif Bashir upon whose personal search Brown-Sugar narcotic (8-10 grams) is alleged to have been recovered, whereas the pillion rider identified as Mehtab Ahmad Malik was found to be possessing or carrying no such contraband.

8. The arrest and interrogation of the petitioner is said to have led to an alleged disclosure by the petitioner that he had got an alleged contraband item from one Idress Ahmad Khan on a deal of ₹40,000/- against which ₹30,000/- stood paid. However, no alleged contraband item was recovered from the petitioner.

9. Idress Ahmad Khan came to be arrested as an accused No.3 on 31.07.2022 and from him an alleged recovery of 2 grams of brown sugar is said to have taken place.

10. Acting upon Idrees Ahmad Khan's interrogative inputs, one Tahir Ahmad Sofi came to be arrested on 04.08.2022 as an accused No.4 found with alleged Bail Application No. 146/2023 2026:JKLHC-SGR:1 possession of 5 grams of brown sugar and cash of ₹63,910/-.

15. By virtue of a common order dated 27.06.2022, all the four bail petitions came to be rejected by the court of learned Principal Sessions Judge, Kupwara constraining the petitioner to petition this Court for earning bail.

16. The petitioner in his present bail petition has come up pleading that his continuing custody as an undertrial is antithesis to the law of bail in the sense that without any culpability attending him he has come to be implicated in the case just by a mere alleged interrogative and confessional statement of the prime accused Asif Bashir the alleged motorcyclist from whose alleged possession the contraband in the form of Brown Sugar came to be recovered and thereafter the Police came up with an alleged linkage of Asif Bashir with the petitioner Bail Application No. 146/2023 2026:JKLHC-SGR:1 and from the petitioner to co-accused Idrees Ahmad Khan and from Idrees Ahmad Khan to co-accused Tahir Ahmad Sofi.

27. The narrative of the prosecution case is that upon arrest of prime accused Asif Bashir it was disclosed by him that he had made the alleged purchase of contraband item Brown Sugar 8 grams from the petitioner which confirmed commission of offence under sections 8/21, 29 of NDPS Act, 1985 against the petitioner along with prime accused Asif Bashir. It is the Prosecution's case that from the examination of the bank account details of prime accused - Asif Bashir, the involvement of co-accused Tahir Ahmad Sofi was, allegedly made out and from whom recovery of 5 grams Brown Sugar like substance and a cash of ₹63,910/- was allegedly effected from his house. Likewise upon the alleged disclosure of the petitioner, purchase of Brown Sugar was referred from co-