In cases involving commercial quantities of contraband under the NDPS Act, the mandatory twin conditions of Section 37 must be satisfied for the grant of bail or suspension of sentence, and rigorous statutory requirements prevail over claims of long incarceration unless specific procedural failures or undue delay are established.

ORDER

1. By this order, application of the applicant/appellant for suspension of sentence and grant of bail in a case arising out of FIR No.230/2021 for offences under Section 8/15 NDPS Act, is proposed to be disposed of.

2. The applicant/appellant has been convicted of offence under Section 8/15(c) of the NDPS Act for possession of commercial quantity of Poppy Straw, in terms of judgment dated 25.10.2025 recorded by the learned Special Judge (Designated under NDPS Act), Anantnag (hereinafter referred to as “the Special Judge”). Vide order dated 27.10.2025 passed by the learned Special Judge, the applicant/appellant has been sentenced to undergo rigorous imprisonment for a period of ten years and a fine of Rs.1.00 lakh) (rupees one lakh). In default of payment of fine, the appellant has been directed to undergo rigorous imprisonment for a further period of one year.

3. By virtue of the accompanying appeal, the appellant has laid challenge to the impugned judgment of conviction and order of sentence on several grounds. The applicant/appellant has sought suspension of sentence imposed upon him by the trial court and has also prayed for grant of bail pending consideration of the appeal.

4. As per the prosecution case, which has been found established against the appellant in terms of the judgment under challenge in the accompanying appeal, on 19.08.2021, the police, while on routine patrolling at Dhonipora adjacent to National Highway crossing, Anantnag, intercepted a vehicle (Alto 800) bearing registration No.JK18A-1097, that was proceeding from Anantnag towards Sangam. During search of the vehicle, the police party recovered five Nylon bags concealed inside the vehicle containing a total of 70 kgs of Poppy Straw. The appellant was found to be incharge of the vehicle at the relevant time. After full dressed trial of the case, charges against the appellant were found established and he was convicted of offences under Section 8/15(c) of NDPS Act in terms of judgment dated 25.10.2025 passed by the learned Special Judge, which is under challenge in the accompanying appeal.

5. In the application seeking suspension of sentence and grant of bail, it has been contended that the appellant is an innocent person and that in view of the grounds projected in the memorandum of appeal, he is surely going to succeed as he has a strong prima face in his favour. It has been contended that the appellant has already undergone more than four years of imprisonment while facing trial and that decision of appeal is going to take some time, therefore, he deserves to be enlarged on bail.

6. The application has been contested by the respondent by filing its reply, wherein it has been contended that by virtue of the impugned judgment passed by the learned Special Judge, it has been proved beyond doubt that the appellant was in possession of commercial quantity of contraband, therefore, the provisions of Section 37 of the NDPS Act are attracted to his case and unless he satisfies the strict conditions for grant of bail as laid down in the said provision, he cannot be granted bail. It has been contended that the impugned judgment passed by the learned Special Judge is well-reasoned and the same does not admit of any interference from this Court. It has been further contended that enlarging the appellant on bail would give a wrong signal to the society at large as the menace of drug trafficking has assumed alarmed proportions.

7. I have heard learned counsel for the parties and