Early Times Report
JAMMU, Oct 3: The Court of Special Judge (NDPS Cases), Jammu, has dismissed the bail application of two accused - Nawaz Ahmad Dar and Mohammad Altaf Mir, both residents of Anantnag - who were arrested in 2021 for allegedly trafficking 23 kilograms of charas.
The Narcotics Control Bureau (NCB), Jammu, had intercepted a truck (JK03G-5236) at Ban Toll Plaza, Nagrota, on March 1, 2021, acting on secret inputs. Upon search, 18 packets of charas weighing 23 kgs (net weight) were recovered from the cabin of the vehicle, leading to the arrest of the duo.
The accused, lodged in District Jail Ambphalla since 2021, sought bail through their counsels Advocate Prince Khanna and Advocate Sumit Khajuria, arguing that the mandatory provisions of the NDPS Act had not been complied with. They contended that Section 42, which requires written information and authorization for search, and Section 50, which mandates safeguards during personal search, were violated. They also highlighted alleged sampling irregularities, as only a single piece from each lot was tested instead of taking samples from every unit, weakening the prosecution's claim of commercial quantity. Citing Supreme Court precedents in Mohd Muslim Hussain v. State (NCT of Delhi) and Rabi Prakash v. State of Odisha, the defence further argued that prolonged incarceration of more than four years justified bail.
The prosecution, represented by Special Public Prosecutor Ajay Singh Manhas, opposed the plea and maintained that the accused were part of an inter-state drug mafia. It was argued that their voluntary statements confirmed their knowledge of the contraband and that the offence involved a commercial quantity under the NDPS Act, which attracts stringent provisions of Section 37, making bail an exception rather than a rule. The prosecution cited recent Supreme Court rulings, including NCB v. Kashif (2025), to argue that minor procedural lapses do not entitle accused to bail. With the trial completed and written arguments already filed, it was contended that releasing the accused could delay adjudication and risk their absconding.
After hearing both sides, Special Judge Y.P. Sharma held that the recovery of 23 kgs of charas clearly constituted a commercial quantity. The Court observed that at the bail stage, it could not disregard the statutory bar under Section 37 of the NDPS Act or conduct a detailed appreciation of evidence. Minor contradictions in witness testimonies or alleged lapses in sampling procedure, the Court held, could not be a ground to disbelieve the prosecution's case. Since the trial had already reached the final arguments stage, the ground of "long incarceration" was also not sustainable before a Special Court, which is bound by statutory limitations unlike High Courts or the Supreme Court.
Concluding that the gravity of the offence, the societal impact of narcotics trafficking, and the statutory bar outweighed the plea for liberty, the Court rejected the bail application.
—(JNF) |
