Early Times Report
Jammu, Dec 11: The High Court of Jammu & Kashmir and Ladakh has dismissed the bail application of Arif Rashid Bhat, who was arrested in 2022 for allegedly transporting 85.325 kg of poppy straw, observing that the stringent conditions of Section 37 of the NDPS Act do not permit bail in cases involving commercial quantity of narcotics.
Justice Sanjay Dhar, while pronouncing the judgment, held that the material on record does not create reasonable grounds to believe that the accused is not guilty—an essential legal requirement for granting bail under the NDPS Act. The case arose after the Anti-Narcotics Task Force received information on 26 September 2022 that Bhat was transporting contraband in an i10 vehicle. A naka was laid at Khudwani-Wanpoh bypass in Anantnag, where the vehicle was intercepted, and five nylon bags containing poppy straw weighing over 85 kg were allegedly recovered in the presence of an Executive Magistrate. Samples were drawn on the spot and sent to FSL for analysis.
Investigation also revealed the involvement of co-accused Mysir Ahmad and Imtiyaz Ahmad Ganai, based on mobile call detail records. While Mysir was arrested, Ganai remains absconding. The petitioner sought bail on the grounds that prosecution witnesses did not support the recovery and that contradictions existed regarding sealing, memo preparation, and procedure followed during the investigation.
The Court, however, noted that police witnesses, the Legal Metrology officer, and the Executive Magistrate had supported the prosecution version. Minor inconsistencies, the Court held, could not undermine the prima facie evidence of recovery of commercial quantity from the vehicle driven by the petitioner. It added that at the bail stage, it is not expected to conduct a detailed evaluation of evidence but only to determine whether reasonable grounds exist to presume innocence.
Justice Dhar concluded that the petitioner failed to meet the statutory requirement under Section 37 of the NDPS Act and therefore was not entitled to bail. The petition was dismissed. (JNF)
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