Sameer Ahmad Dar vs Union Territory Through Police Station … on 29 July, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Sameer Ahmad Dar vs Union Territory Through Police Station … on 29 July, 2026

    Author: Sanjay Dhar

    Bench: Sanjay Dhar

                                                               S. No.7
                                                               Regular List
    
    ,,,   IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT SRINAGAR
    
    
                                             Bail App. No.118/2026
                                             CrlM No(1084/2026)
    
    SAMEER AHMAD DAR
    
                                                        .....Petitioner(s)
    
                              Through: Ms. Syed Gousia Tabasum, Advocate
                     V/s
    
    
    UNION TERRITORY THROUGH POLICE STATION SUMBAL
                                ... ..Respondent(s)
    
                                Through: Mr.Mohammad Younis, Asstt.counsel
    CORAM:
       HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
    
                                      ORDER
    

    29.07.2026

    1. The petitioner through the medium of present application

    SPONSORED

    has sought bail in the case arising out of FIR No. 25 of 2026 for

    offence under Section 8/20 of NDPS Act registered with Police

    Station Sumbal.

    2. As per the prosecution case, on 10.02.2024 the petitioner

    was found to be carrying a bag on his shoulder and as soon as he

    was noticed by the Naka party at Naka Check point on Sumbal

    Mirgund Road adjacent to CRPF Camp Sumbal 45th Bn., the

    petitioner attempted to slip away from the spot. However, the

    police party apprehended him and conducted search of the bag

    Bail App.No.118/2026 1|P a g e
    which was being carried by the petitioner. During the search

    charas like substance in the form of cannabis plants was

    recovered from the bag. After registration of the FIR

    investigation of the case was set into motion and the petitioner

    was arrested. The recovered charas/cannabis plant substance

    was weighed and it was found to be weighing 11kgs and 50 gms.

    After drawing sample from the recovered charas it was sealed

    and sent to the FSL for chemical analysis. The statements of the

    witnesses acquainted with the facts of the case were recorded.

    After completion of investigation of the case offences under

    Section 8/20 of NDPS Act were found established against the

    petitioner. Accordingly, charge sheet was laid before the

    Additional Sessions Judge, Sumbal.

    3. It appears that the petitioner had applied for grant of bail

    before the learned Additional Sessions Judge but his bail

    application came to be rejected by the said Court in terms of

    order dated 18.06.2026. The learned trial Court was primarily

    persuaded to reject the bail application because there are several

    FIRs pending against the petitioner.

    4. The petitioner has sought bail through the medium of

    present petition on the ground that the contraband substance

    which has been allegedly recovered from his possession does not

    fall under the category of commercialized quantity, as such, the

    Bail App.No.118/2026 2|P a g e
    rigor of Section 37 of the NDPS Act is not applicable to the

    present case. It has been contended that merely because FIRs

    have been lodged against the petitioner without there being any

    conviction operating against him, it was not open to the learned

    trial Court to reject his bail application. It has been submitted

    that indefinite incarceration of the petitioner amounts to

    inflicting punishment upon him without trial, which is

    impermissible in law. It has been submitted that in a case of

    present nature, bail application of the petitioner was required to

    be considered on the parameters as are applicable to any other

    offence of non-bailable nature, but the learned trial Court has

    imported the considerations of Section 37 of the NDPS Act

    while rejecting the bail of the petitioner.

    5. The application has been contested by the respondents by

    filing their reply. In their reply the respondents have submitted

    that the petitioner is a habitual offender, inasmuch as, there are

    five FIRs registered against him. It has been further contended

    that previous NDPS prosecutions against the petitioner have

    failed to reform him and he has continued to indulge in similar

    activities, as such, he does not deserve to be enlarged on bail. It

    has been submitted that having regard to the previous conduct of

    the petitioner there is a strong possibility that he would again

    Bail App.No.118/2026 3|P a g e
    indulge in the activities which amount to offence under NDPS

    Act.

    6. I have heard learned counsel for the parties and perused the

    record of the case.

    7. In the present case the petitioner is alleged to have been in

    possession of intermediate quantity of contraband substance.

    Hence the rigors of Section 37 of NDPS Act are not attracted to

    the case of the petitioner. In order to make out a case for grant

    of bail, it is not necessary for the petitioner to demonstrate that

    he is prima facie not involved in the alleged offence. The bail

    application of the petitioner has to be considered on the

    parameters which are applicable to any other non-bailable

    offence to which rigors of Section 37 of NDPS Act are not

    applicable. Thus, grant of bail to the petitioner is a matter of

    discretion. However, the discretion has to be exercised on

    settled principles of law as have been enunciated by various

    judgments rendered by the Supreme Court and by this Court

    over a period of time. The factors which are to be taken into

    account while granting bail in the cases of present nature are the

    stage of investigation, the danger of the prosecution witnesses

    being tampered with or influenced by the accused in the event of

    grant of bail in his favour, the gravity of the offence, the public

    interest and similar other considerations.

    Bail App.No.118/2026 4|P a g e

    8. Coming to the facts of the present case, the petitioner has

    been arrested on 10.02.2026. Thus, he is in custody for last more

    than five months. The investigation of the case is complete and

    the charge sheet has been laid before the competent Court. It is

    not the case of prosecution that any further recovery is to be

    effected from the petitioner. The only ground on which the

    respondents are resisting the bail application of the petitioner is

    that he is a habitual offender, inasmuch as, he is involved in five

    FIRs. Therefore, there are high chances that he may again

    indulge in similar incidents.

    9. If we have a look at the particulars of the FIRs which are

    shown to be registered against the petitioner, it appears that out

    of five FIRs registered against him only two FIRs pertain to

    offences under NDPS Act. These FIRs pertain to the year 2021,

    meaning thereby that during the last five years, excepting the

    FIR which is subject matter of present bail application, the

    petitioner is not shown to have been indulged in activities which

    tantamount to any offence under NDPS Act. It is true that FIRs

    under IPC and BNS stand registered against the petitioner but

    there is nothing on record to show that he has indulged in

    offences relating to possession/transportation of contraband

    drugs during the last five years. Therefore, the apprehension of

    Bail App.No.118/2026 5|P a g e
    the respondents that if the petitioner is granted bail he may again

    indulge in drug trafficking, appears to be ill founded.

    10. Apart from the above, criminal antecedents of the petitioner

    cannot form the sole consideration for rejecting his bail

    application. The Court while considering the prayer for bail has

    to strike balance between the right of an accused to prepare a

    proper defence to the charge laid against him and the interests of

    the society to safeguard it from potential criminal activities of

    the accused. The cardinal principle that “bail is the rule and the

    jail is an exception” holds good even in a case where the accused

    is alleged to be involved in possession of intermediate quantity

    of contraband substance. Therefore, merely because the accused

    is alleged to be involved in FIRs besides the FIR in which he is

    seeking bail, cannot become sole ground for rejecting his bail

    application. Rejection of the bail to the petitioner in the instant

    case at a stage when presumption of innocence is attached to

    him, would amount to his pre-trial incarceration and he would be

    deprived of his right to prepare the defence against the charges

    which have been laid against him.

    11. For the foregoing reasons, the petitioner has been able to

    carve out a case for grant of bail at this stage. Accordingly, the

    application is allowed and the petitioner is enlarged on bail

    subject to the following conditions:-

    Bail App.No.118/2026 6|P a g e
    i. That he shall furnish personal bond to the tune of
    Rs.50,000/- to the satisfaction of the Incharge of
    concerned jail with two sureties of the like amount
    to the satisfaction of the trial Court.

    ii. That he shall appear before the trial Court on each
    and every date of hearing unless exempted by the
    trial Court.

    iii. That he shall not leave the territorial limits of UT
    of J&K without prior permission from the trial
    Court.

    iv. That he shall not tamper with the prosecution
    evidence.

    12. Application disposed of.

    (SANJAY DHAR)
    JUDGE

    SRINAGAR
    29.07.2026
    Sarveeda Nissar

    1. Whether the order is speaking: Yes/No
    Whether the order is reportable: Yes/No

    Bail App.No.118/2026 7|P a g e



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