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2026 Supreme(Online)(J&K) 771
Rajnesh Oswal, J
Mohammad Ashraf Dar – Appellant
Versus
U. T. of J&K – Respondent
Bail App No. 16/2025
For the Appellants/Petitioners: Asif Wani
For the Respondents: Pawan Dev Singh, Aseem Sawhney, Khushboo Sharma
In cases involving commercial quantities of narcotic substances, the rigors of Section 37 of the NDPS Act, 1985, mandate that anticipatory bail cannot be granted unless the court has reasonable grounds to believe the accused is innocent, which is not satisfied by mere allegations of police misconduct.
Headnote:The petitioner sought anticipatory bail under S. 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with FIR No. 13/2023 involving the recovery of a commercial quantity of 445 kg of Poppy Straw. The petitioner challenged his implication, citing a lack of evidence and alleging malicious prosecution by the former Investigating Officer. The Court determined that the financial trail connecting the petitioner to a co-accused, combined with the recovery of contraband, established a prima facie case. The primary issues were whether the petitioner could rebut the prosecution's evidence regarding his participation in the drug syndicate and whether the alleged professional misconduct of the investigating officer invalidated the investigation. The Court reasoned that the statutory restrictions under S. 37 of the NDPS Act, 1985, which arise due to the commercial quantity of the contraband, bar the grant of bail unless there are reasonable grounds to believe the person is not guilty. The Court found the financial link established, rejecting the petitioner’s explanation as a matter for trial, and ruled that allegations of misconduct against an official do not automatically exonerate an accused from serious criminal allegations. The application for anticipatory bail is dismissed.
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| 1. overview of charges and procedural history regarding ndps offenses. (Para 1 , 2) |
JUDGMENT
1. Through the medium of instant application, the petitioner is seeking bail in anticipation of arrest in FIR No. 13/2023 dated 11.10.2023 registered with Police Station, Anti Narcotic Task Force(ANTF), Jammu under sections 8, 15, 25 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, 420, 465, 468, 471, 120-B IPC and 52, 182A(4) MV Act.
2. The brief facts of the case are that on 11.10.2023, Police Station, ANTF Jammu apprehended a vehicle (mini oil tanker) carrying Poppy Straw weighing 445 Kilograms, driven by one Jagjeet Singh, R/o Tehsil Phillaur, District Jalandhar, Punjab. The accused was arrested and disclosed the names of other persons including Nadeem Ahmad Sofi, resident of AnantnagKashmir, Mohammad Yaqoob Bhat from Shopian and Jaswinder Singh from Punjab. Accused Nadeem Ahmad Sofi also disclosed the names of three persons including the petitioner herein to be part of the drug trafficking racket and pursuant to his disclosure, the petitioner is being sought to be connected with FIR No. 13/2023 (supra).
It is contended that there is absolutely no material with respondent No. 1 to connect the petitioner with the FIR under reference and the sole basis for connecting the petitioner with the FIR is a bank transaction reflecting transfer of ₹1.00 lac from the account of accused Nadeem Ahmad Sofi to the account of petitioner. It is stated by the petitioner that said transaction was made around 36 days before the registration of the FIR in connection with sale of the vehicle bearing registration No. JK18C 6493 on 09.08.2023. The sale agreement executed between the petitioner and Mohammad Yaqoob Bhat substantiates the said transaction. It is stated that pursuant to the disclosure made by Nadeem Ahmad Sofi, the petitioner was summoned by the then Investigating Officer-Amandeep Singh. The petitioner, being a law-abiding citizen, immediately joined the investigation and on the directions of Investigating Officer-Amandeep Singh, submitted himself to the Investigating Officer at Chenani on Batote Doda highway on 23.06.2024 and thereafter at Ghat No. 23 Makai Park Boulevard Road, Srinagar on 06.07.2024. The petitioner got disturbed, when the Investigating Officer demanded a huge amount of money and threatened him with longer incarceration in jail in case of failure to meet the demand. Threats were also extended through Nisar Ahmad Bhat and Mohammad Afzal Bhat, both residents of Marhama Anantnag, Kashmir. The petitioner claims to havedisposed of some of his valuables including his Alto Car, ornaments of his sister and one cow, to meet the demand of Investigating Officer Amandeep Singh. He paid an amount of Rs. 8.00 lacs to the above-named persons, sent by the Investigating Officer. The said persons, however, tried to extort more money from the petitioner leaving him with no option but to approach Police Station, Qazigund, Kashmir with a complaint against the Investigating Officer and two others acting on his behalf. The Police Station, Qazigund registered FIR against all three persons including Investigating Officer, Amandeep Singh and recovered the amount of Rs. 8.00 lacs from them. The Investigating Officer was later admitted to anticipatory bail by the Srinagar Wing of this Court vide order dated 07.08.2024 read with order dated 11.09.2024.
It is stated by the petitioner that except the alleged false disclosure made by the accused-Nadeem Ahmad Sofi, there is no other proof to connect the petitioner with the commission of offence and further the arrest of the petitioner will bring him under the absolute control of the Investigating Officer, who is bent upon taking revenge, after the petitioner exposed him for illegally demanding and extorting money. In such a situation, there is every likelihood that the investigation of FIR No. 186/2024 registered with Police Station Qazigund may get hampered. It is also urged
