Mohd Abrar vs Ut Of J&K on 28 July, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Mohd Abrar vs Ut Of J&K on 28 July, 2026

    Author: Sanjay Dhar

    Bench: Sanjay Dhar

                                                                Item No.7
                                                                Regular List
          IN THE HIGH COURT OF JAMMU & KASHMIR AND
                     LADAKH AT SRINAGAR
                                                  Pronounced on:28.07.2026
                                                  Uploaded on: 30.07.2026
                                                  Whether the operative part
                                                  or   full   judgment    is
                                                  pronounced:           Full
    
                               Bail App No.34/2026
    
    MOHD ABRAR
    
                                                ...PETITIONERS/APPELLANT(S)
    Through: -    Mr. Ahmad Javid, Advocate.
    
    Vs.
    
    UT OF J&K                                            ...RESPONDENT(S)
    Through: -
    
    CORAM:        HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
    
                                       ORDER(ORAL)
    

    1) The petitioner, through the medium of present petition,

    is seeking bail in a case arising out of FIR No.136/2024 for

    SPONSORED

    offences under Sections 8/22, 27A and 29 of NDPS Act

    registered with Police Station, Safakadal, Srinagar, which is

    stated to be pending before the Court of Special Judge (NDPS

    Cases), Srinagar (hereinafter “the trial court”).

    2) As per the prosecution case, on 08.11.2024, Police

    Station, Safakadal, received a docket from the Naka Incharge

    to the effect that during Naka checking, a triple riding

    motorcycle was found coming from Soura towards

    Bail App No.34/2025 Page 1 of 7
    Safakadal. The motorcycle bearing registration No.JK01AF-

    0207, was intercepted and the persons riding on the

    motorcycle were identified as Aijaz Ahmad Ganai, Owais

    Ahamd Gojree and Mir Roman. Upon subjecting them to

    search, the aforesaid accused were found carrying a box

    containing 140 bottles (100 ml each) of Codeine Phosphate

    and Triprolidine Hydrochloride (WINCEREX). The three

    accused failed to produce any legal justification for

    carrying/transporting the aforesaid drugs and, accordingly,

    the FIR came to be registered and investigation of the case

    was set into motion. The three accused were put under

    arrest. The recovered 140 bottles were seized and the

    samples were drawn from the seized drug. The motorcycle

    was also seized, whereafter statements of the witnesses

    under Section 180 of BNSS were recorded. Upon arrest of

    the accused persons, cash amounting to Rs.36,800/ and

    mobile cell phones etc. were also recovered. The CDRs of the

    cell phones of the three accused persons were obtained and

    their bank account statements were also obtained.

    3) During questioning of accused Mir Roman, he disclosed

    that he was purchasing drugs from outside the State from

    two persons, namely, Raju Gupta and Mohd Abrar

    (petitioner herein) who are depositing the amount through

    online mode directly in the bank accounts of aforenamed
    Bail App No.34/2025 Page 2 of 7
    three accused persons. The disclosure memo in this regard

    was prepared in presence of Executive Magistrate. The bank

    statements of all the accused persons were also obtained and

    upon perusal of the same, it was revealed that accused Mir

    Roman had credited an amount of Rs. 30,000 on 06.11.2024

    in the bank account of the petitioner through online mode

    and another amount of Rs.30,000 in the account of Raju

    Gupta on 07.11.2024. Thus, the bank statements of the

    petitioner and accused Raju Gupta corroborated the

    disclosure statement made by accused Mir Roman. The call

    details of the accused persons also confirmed that the

    petitioner and other co-accused were in constant touch with

    each other.

    4) After conducting investigation of the case, offences

    under Section 8/22, 27-A and 29 of NDPS Act were found

    established against the accused including the petitioner

    herein and the charge sheet was laid before the trial court.

    5) Vide order dated 24.05.2025, the learned trial court

    framed charges for offences under Section 8/22, 27-A and

    29 of the NDPS Act against all the accused persons including

    the petitioner herein.

    6) It seems that the petitioner had approached the learned

    trial court seeking bail, but his application for grant of bail

    Bail App No.34/2025 Page 3 of 7
    has been rejected by the learned trial court in terms of order

    dated 30.12.2025.

    7) The petitioner has sought bail on the grounds that four

    witnesses examined by the trial court so far have not stated

    anything against him and, as such, he is not connected with

    the commission of the alleged crime. It has been further

    contended that the petitioner has no criminal antecedents

    and that he has been falsely implicated. It has also been

    contended that the petitioner has been in custody for a

    considerable period of time, as such, his right to liberty

    guaranteed under Article 21 of the Constitution has been

    violated. The petitioner has further contended that no

    recovery has been effected from him and merely because he

    had bank transaction of Rs.30,000 with one of the accused,

    does not show that he was part of the conspiracy.

    8) I have heard learned counsel for the parties and

    perused record of the case including the trial court record.

    9) The petitioner in the instant case has been charged for

    offence under Section 8/22, 27-A and 29 of the NDPS Act.

    Thus, he is alleged to be part of the conspiracy which led to

    recovery of commercial quantity of the contraband drugs

    from the possession of the co-accused. He has also been

    charged for offence of financing illicit drug trafficking,

    Bail App No.34/2025 Page 4 of 7
    punishable under Section 27-A of the NDPS Act. Thus, the

    rigour of Section 27 of the NDPS Act is applicable to the case

    of the petitioner. It is to be noted here that the petitioner has

    not challenged the order whereby charges have been framed

    against him. Thus, unless the petitioner is able to persuade

    this Court that there are reasonable grounds for believing

    that he is not guilty of the offences for which he has been

    charged, he cannot be granted bail.

    10) In the present case, the record does show that there is

    a financial transaction between the petitioner and one of the

    accused from whose possession commercial quantity of

    contraband substance has been recovered. There is also

    material on record in the form of CDRs to show that the

    petitioner has been in consistent touch with the co-accused

    during the period when the contraband substance was

    recovered from their possession. At this stage, only four

    prosecution witnesses have been examined and 13

    prosecution witnesses, most of whom are material

    witnesses, are yet to be examined. Merely because the

    Executive Magistrate, in whose presence the co-accused is

    alleged to have made disclosure which led to the discovery of

    the fact relating to financial transaction between the

    petitioner and the co-accused, has not supported the

    prosecution case so far as disclosure statement made by the
    Bail App No.34/2025 Page 5 of 7
    co-accused is concerned, does not offer a ground to grant

    bail to the petitioner. It is to be noted that the disclosure

    statement has been witnessed by as many as four witnesses,

    including the Executive Magistrate. Merely because the

    Executive Magistrate has not supported the disclosure

    statement made by accused Mir Roman, the said statement

    cannot be discarded at this stage as there are three more

    witnesses to the disclosure statement and the said witnesses

    are yet to be examined.

    11) Have regard to the fact that most of the material

    prosecution witnesses are yet to be examined and keeping in

    view the material on record, as discussed hereinbefore, it

    cannot be stated that there are no grounds for believing that

    petitioner is not guilty of the alleged offences. Thus, the

    requirements of Section 37 of the NDPS Act are not satisfied

    in the present case so as to enable the petitioner to carve out

    a case for grant of bail.

    12) The contention of the petitioner that he has been in

    custody for a considerable period of time, is also

    misconceived for the reason that charges against the

    petitioner and co-accused have been framed only on

    24.05.2025 and during less than one year, four prosecution

    witnesses have already been examined by the trial court upto

    Bail App No.34/2025 Page 6 of 7
    the date when the trial court record was summoned.

    Therefore, there has been no lethargy either on the part of

    the trial court or on the part of the prosecution in production

    of witnesses. Thus, it cannot be stated that right of speedy

    trial of the petitioner has been violated at this stage.

    13) For the foregoing reasons, I do not find any merit in this

    petition. The same is dismissed accordingly.

    (Sanjay Dhar)
    Judge

    SRINAGAR
    28.07.2026
    “Bhat Altaf-Secy”

                   Whether the Order is speaking:     YES
                   Whether the Order is reportable:   YES/NO
    
    
    
    
    Bail App No.34/2025                                          Page 7 of 7
     



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