Jammu & Kashmir High Court – Srinagar Bench
Union Territory Through Police vs Union Territory Through Police on 24 April, 2026
S. No. 17
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M)/111/2022
UNION TERRITORY THROUGH POLICE ...Appellant/Petitioner(s)
STATION QAZIGUND
Through: Mr. Furqan Yaqoub, GA
Vs.
UNION TERRITORY THROUGH POLICE ...Respondent(s)
STATION ANANTNAG
Through: None
CORAM:
HON'BLE MR JUSTICE SANJAY PARIHAR, JUDGE
ORDER
24.04.2026
The respondent came to be arrested in FIR No. 271 of 2020 under
Section 08/15 of the NDPS Act, for which he is facing trial, whereas, in
terms of the impugned order, he has been granted bail.
Through the medium of the present petition, the petitioner seeks
setting aside of the bail order and remaining of the respondent to judicial
custody on the ground that the Trial Court passed the impugned order in
haste without proper application of mind and failed to adhere to the mandate
of Section 37 of the NDPS Act.
The incident is of 27th September 2020, when the respondent was
allegedly found in possession of 60 kilograms of narcotic substance, namely
poppy straw, which was recovered from him, leading to his arrest. After
completion of legal formalities, he was put to trial. It further appears that
charges were formally drawn on 17th April 2021, and out of eight witnesses,
only three had been examined at the time when the bail application was
considered. The Trial Court, being of the view that material witnesses had
been examined and there existed grounds favoring the accused, granted bail,
besides that Trial Court also took note of Section 37 of the NDPS Act.
Given the fact that the petitioner has been on bail since 2022, and it is
not reflected from the submissions of the respondent as to the present stage
of the case, it is reasonable to assume that most of the remaining witnesses
must have been examined by now. As the petitioner is enjoying the
concession of bail for a considerable period, it would not be appropriate to
send him back to custody, particularly when the impugned order appears to
have been passed after due application of judicial mind.
In that background, the present petition does not warrant any further
consideration. The order passed by the Trial Court appears to be a reasoned
one accordingly, this petition lack merit is dismissed, with a direction to the
Trial Court to conclude the trial at the earliest.
(SANJAY PARIHAR)
JUDGE
SRINAGAR
24.04.2026
Shabroz