Jammu & Kashmir High Court
Vikas Kumar Sharma vs Union Territory Of J&K on 2 April, 2026
Sr. No.2026:JKLHC-JMU:964
01
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- Bail App. No. 197/2025
c/w
CRM(M) No. 656/2025
Date of Pronouncement: 02.04.2026
Date of uploading: 04.04.2026
Vikas Kumar Sharma
.... Petitioner(s)
Through:- Mr. Ashish Sharma, Advocate.
V/s
Union Territory of J&K
.....Respondent(s)
Through:- Mr. Bhanu Jasrotia, GA.
CORAM: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER
02.04.2026
1. The petitioner, in terms of order dated 22.07.2025, had already been
admitted to ad interim bail, which has been extended from time to
time. Today, the Investigating Officer is present and has produced
the Case-Diary. Perusal of the same reveals that the FSL report is
still awaited and, owing to the stay of investigation granted by this
Court, further investigation could not be carried out. It is, however,
reported that the petitioner has joined the investigation from time to
time and, after the grant of ad interim bail, his conduct has
remained supportive.
2. 2026:JKLHC-JMU:964
In the aforesaid background, except for obtaining the FSL report,
nothing further remains to be carried out in the investigation except
filing of the charge-sheet.
3. Accordingly, the bail application is allowed and the order of ad
interim bail granted on 22.07.2025 is made absolute, subject to the
conditions stipulated therein.
4. The Bail Application stands disposed of accordingly and the Case-
Diary is returned.
5. The petitioner also seeks quashment of FIR No. 80/2025 dated
21.06.2025 registered under Sections 8/21/22 NDPS Act, alleging
false implication on account of political rivalry. It is pleaded that he
was picked up from Hotel Tridev, Bagnoti, and later shown to have
been in possession of 10 grams of heroin after planting of
contraband, and that CCTV footage was suppressed to conceal
illegal detention.
6. Per contra, the respondents submit that during Naka checking near
Radha Swami Satsang Ghar, Bagnoti, the petitioner, travelling in
Alto car No. JK02DL-7776, attempted to flee and, upon
apprehension, 10 grams of heroin were recovered from his
possession. The investigation further indicates linkage with co-
accused Salim Ali, supported by telephonic records, and the
contraband has been duly seized and sent for forensic examination.
7. Having heard learned counsel and perused the record, including the
Case-Diary, this Court finds that the plea of false implication and
planting of contraband raises disputed questions of fact which
cannot be adjudicated in exercise of inherent jurisdiction. The
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CRM(M) No. 656/2025
2026:JKLHC-JMU:964
material collected during investigation prima facie discloses
commission of offences under the NDPS Act. There is nothing on
record to show that the prosecution case is ex facie false or an abuse
of process.
8. It is well settled that inherent powers are to be exercised sparingly
and not to stifle legitimate prosecution. At this stage, the defence
sought to be raised by the petitioner cannot be examined in detail.
9. Accordingly, no case for quashment is made out and the petition is
dismissed. Interim directions, if any, shall stand vacated. However,
the investigating agency shall proceed strictly in accordance with
law and consider any relevant material produced by the petitioner
during investigation.
10. Disposed of as such.
(SANJAY PARIHAR)
JUDGE
JAMMU
02.04.2026
Nikhil
Whether the order is speaking? Yes
Whether the order is reportable? No
Page 3 of 3 Bail App. No. 197/2025
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CRM(M) No. 656/2025