Rehmatullah Age 40 Yrs. S/O Bashir Ahmed ... vs U.T Of J&K Through Sho Police Station ... on 7 February, 2022
5. Ratios of the Judgments (Supra) of Vishal Joshi' case, Santosh Kumar
Gupta's case, Bhupinder Singh's case & Raj Kumar's Case make the
legal proposition abundantly clear, that in case of intermediate quantity of
contraband the rigor of Section 37 of NDPS Act does not apply and the
bail application has to be considered in terms of provisions of Section 497
(437) of Cr.PC. In the case in hand, applicant/accused has been found in
possession of 1 kg and 900 grams of poppy straw which is intermediate
quantity, therefore, the bail application of applicant/accused has to be
governed by provisions of Section 497(437) Cr.PC. Deprivation of
personal liberty is tantamount of punishment, the principle is that
punishment begins after conviction and every accused is presumed to be
innocent unless duly tried and found guilty. The object of bail is to secure
attendance of the accused at the time of trial. Bail cannot be withheld as
matter of punishment. Grant of bail is general rule and it's refusal is an
exception. Mere apprehension that accused will evade trial and remain
absent is not sufficient to deny the bail. In view of law enumerated in the
case laws (supra) applicant/accused has carved out a strong case for bail in
his favour. Applicant/accused at present, from the date of his arrest on
03.12.2021 for the last more than 60 days, is lying in judicial custody in
District Jail Bhaderwah, therefore, he is admitted to bail subject to
furnishing of bail bond in the sum of Rs.50,000/- to the satisfaction of
Ld. Additional Session Judge, Doda and personal recognizance of the
same amount before Superintendent District Jail Bhaderwah subject to
the following terms and conditions:-