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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M.A.CHOWDHARY
Aijaz Ahmad Dar, S/o. Ghulam Mohammad Dar – Appellant
Versus
Union Territory of Jammu & Kashmir, Through Superintendent – Respondent
| Table of Content |
|---|
| 1. commercial quantity contraband recovered from joint premises. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 2. bail weighs prima facie case, gravity, tampering risks. (Para 16) |
| 3. ndps section 37 twin conditions for commercial bail. (Para 17 , 18) |
| 4. parity in joint ndps possession after substantial evidence. (Para 19 , 20 , 21) |
| 5. bail granted on parity and trial advancement. (Para 22 , 23 , 24) |
JUDGMENT :
M. A. CHOWDHARY, J.
01. The Petitioner has invoked the jurisdiction of this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short “the BNSS”), for his enlargement on bail in a case arising out of FIR No. 111/2022 registered at Police Station Beerwah, Budgam, for the commission of offences punishable under Sections 8/ 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “the NDPS Act”) and Sections 109, 407, 120-B of the Indian Penal Code (IPC), wherein the Petitioner, along with two other co-accused, namely, Khursheed Ahmad Dar and Gh. Mohd. Dar, are facing trial for the commission of aforementioned offences before the Court of learned Additional Sessions Judge (Fast Track), Budgam (“the Trial Court” for brevity.)
02.
Bail granted under NDPS Section 37 for commercial quantity case on parity with co-accused, joint possession, contradictory witness statements, prolonged four-year detention, and substantial trial pro....
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the gravity of drug trafficking offences and the legislative intent to p....
The court emphasized that in narcotics cases involving commercial quantities, a presumption of conscious possession applies to all occupants of a vehicle, requiring strict adherence to Section 37 of ....
Narcotic substances - Bail dismissed - Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are reasonable ground....
Bail can be granted based on the period of custody, arguable points on merits, and satisfaction of the rigors of Section 37(1)(b) of the NDPS Act in similar cases.
Prolonged incarceration without trial infringes upon fundamental rights, warranting bail despite the serious nature of charges under the NDPS Act.
In NDPS commercial quantity cases, bail requires court satisfaction of twin conditions under Section 37: reasonable grounds accused not guilty and unlikely to reoffend; co-accused confessional statem....
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, especially for serious crimes.
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
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