(JUDGMENT)

01. The Petitioner, on being aggrieved of the Order dated 5th of August, 2025 passed by the Court of learned Special Judge (NDPS) Cases, Srinagar (“the Trial Court” for brevity); whereby his bail plea has been rejected, has invoked the jurisdiction of this Court seeking his enlargement on bail in a case arising out of FIR No. 17/2023 registered at Police Station Rajbagh, Srinagar, for the commission of offences punishable under Sections 8/21, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and Section 201 of the Indian Penal Code (IPC), wherein the Petitioner, along with other co-accused, is facing trial for the commission of aforementioned offences before the Trial Court.

Pleadings:

02. The Petitioner, by virtue of the instant Petition, seeks bail, mainly on the grounds that the rigor of Section 37 of the NDPS Act is not applicable in the case of the Petitioner; that, after taking cognizance, the learned Special Judge was transferred, as such, the successor had to hold a de novo trial which was mandatory and that this procedure has not been followed in the instant case rendering the trial as vitiated; that, in view of the accusation of cross-border smuggling, the investigating agency had to invoke Section 120-B of CrPC which has not been pressed and even the police report does not mention where the conspiracy was hatched, in which District of Jammu & Kashmir it was hatched, where it was executed and on what material such an inference was drawn; that the Investigating Officer, being an unauthorized person, did not follow the provisions of Section 52-A of the NDPS Act; and that the trial is being conducted for the last more than two years, as such, there was long incarceration of the Petitioner.

03. In opposition, the Respondents have filed their Objections, inter alia, stating therein that the accused persons, including the Petitioner herein, pursuant to the aforementioned criminal conspiracy, have smuggled into India, possessed, sold, purchased, transported and financed the commercial quantity of narcotic substance (Heroine) and have committed offences under various Sections of law, whereafter, the charge sheet of the case was produced before the Court of learned Principal Sessions Judge, Srinagar on 9th of September, 2023 which is under trial and many witnesses are yet to be examined; that the Petitioner was found involved in acquiring and transporting of huge consignment of illegal contraband substance (Heroin) and selling the same among the youth of the society; that, if the Petitioner is released on bail, he may again indulge in such activities as he is residing close to the international border linked with POK; that the Petitioner is involved in an offence against the society at large which has destroyed the youth beyond any repair, inasmuch as, the menace of drug addiction has engulfed the society and is creating havoc to the families which needs to be dealt with a strong fist; and that there are reasonable grounds for believing that the Petitioner would jump the concessions of bail, if granted to him by the Court, as such, the application merits rejection.

Submissions/ Arguments of the parties:

04. Mr S. T. Hussain, the learned Senior Counsel, assisted by Ms Nida Nazir, Advocate, appearing for the Petitioner, submits that there has been no recovery of any contraband substance from the Petitioner in the instant case and that the grounds of arrest were not communicated to the Petitioner at all; that the witnesses so far produced by the Prosecution before the learned Trial Court did not specifically attribute anything towards the Petitioner qua criminal conspiracy of smuggling, possessing, purchasing and selling the contraband substance and that mere disclosure statements from other accused cannot amount to conspiracy; and that the Petitioner is entitled to grant of bail in view of his long incarceration of almost three years.