Early Times Report
Jammu, Oct 29: Taking a stern view of allegations involving cross-border narcotics trafficking and terror financing, the Court of 3rd Additional Sessions Judge, Jammu, Madan Lal, has rejected the bail application of an accused in a narco-terror case, observing that the stringent restrictions under the NDPS Act and Unlawful Activities (Prevention) Act (UAPA) stood in the way of granting relief at the present stage.
The court held that the applicant had failed to establish sufficient grounds for bail in view of the seriousness of the accusations, the alleged recovery of contraband and his criminal antecedents.
The order was passed on October 28 in a bail application filed by Mohd Yousuf alias Shamma, a resident of Narwal Bala, Jammu, presently lodged in Central Jail, Kot Bhalwal.
The case relates to FIR No. 249/2025 registered at Police Station Gandhi Nagar under various provisions of the NDPS Act, Bharatiya Nyaya Sanhita and UAPA.
According to the prosecution, the case originated on November 14, 2025, when police intercepted two suspects, Karan Sharma and Niklesh Verma, near Shastri Nagar Shamshan Ghat and allegedly recovered approximately three kilograms of heroin-like substance from their possession.
During the subsequent investigation, Mohd Yousuf's name surfaced in connection with an alleged organised narcotics trafficking network.
The prosecution alleged that the accused had received a 500-gram heroin consignment through co-accused persons and was involved in its further distribution. Acting on his alleged disclosure, investigators recovered 53.20 grams of heroin-like substance and a digital weighing machine concealed beneath stones near Bathindi Nallah.
The prosecution further alleged that the case involved an organised cross-border network procuring narcotics and illegal weapons through drone droppings linked to Pakistan-based handlers, with proceeds allegedly intended to finance terrorist activities.
Opposing the bail application, the prosecution submitted that the accused was a registered history-sheeter at Police Station Bahu Fort and had seven previous criminal cases against him.
The defence, however, contended that the allegations of conspiracy and terror financing were not supported by sufficient evidence. It argued that the recovery attributed to the applicant did not justify invoking the stringent statutory restrictions applicable to commercial-quantity narcotics cases.
The defence further submitted that the filing of the charge sheet constituted a change in circumstances warranting reconsideration of bail.
After examining the record and rival submissions, Judge Madan Lal distinguished the judicial precedents relied upon by the defence, observing that the present case involved not merely disclosure statements or mobile tower location records but also the alleged recovery of heroin and a weighing machine at the applicant's instance.
The court observed that the restrictions prescribed under Section 37 of the NDPS Act and Section 43D(5) of the UAPA were applicable considerations at this stage.
It further noted that the applicant's earlier bail plea had been dismissed on February 26, 2026, while proceedings challenging that order before the High Court had subsequently been withdrawn.
Finding no sufficient change in circumstances to justify granting relief, the court dismissed the renewed bail application, holding that it was premature and devoid of merit at the present stage. |
