x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Tribal Gujjar Bakkerwal Welfare Foundation knocks on NCST's door, seeks action under SC/ST Act | CM Omar reviews roadmap to strengthen senior secondary education in J&K | CM calls for mission-mode action to address Srinagar's stray dog menace | Over 6 Kg Heroin recovered, 5 held in Amritsar: Punjab Police | Court frames charges against 2 in Ramban-Mumbai Charas smuggling case | 'File ITR before Aug 31 deadline' | EOW Kashmir arrests Bangalore-hiding accused in Rs 2 cr investment fraud case | 3 fugitives deported from Malaysia | 3 families evacuated after land subsidence, cracks in houses in Ramban | Landslide threat looms over Dhingidhar village, residents seek immediate safety measures | Justice reaches frontier as NALSA Jagriti programme held | NFR construction GM conducts inspection of key sections of Jiribam - Imphal New Line Project | District police Ramban apprehends absconder wanted in 23 year-old case | Two children drown in Jammu Khala rivulet in Paonta area | Div Com reviews development proposals for heritage sites in Budgam, Pulwama | J&K Fencing Association Felicitated Vishal Thapar for selection in upcoming Asian Games | Suvaid, Abbas, Aleena among gold winners; Zaheeb, Essa, Aiman figure among silver medallists | GDC Kunjwani Hosts Orientation Programme | Declines to quash transfer of PM package employee; directs Govt to decide representation within 3 weeks | Vice-President launches India's first non-GMO high-expansion popcorn maize hybrid seed | Property not belonging to accused can't be attached under UAPA: Court | PDP protests against 6.83% electricity tariff hike | DIG IR Range visits newly established headquarters of 1st JKAP Women Battalion | Syed Mohammad Altaf Bukhari calls for adequate arrangements for smooth observance of Eid Milad-un-Nabi (SAW) | AIIMS Jammu welcomes Prof (Dr) Sanjeev Sinha as new Executive Director & CEO; Prof (Dr) DN Sharma's tenure concludes | CBC organizes awareness programme on VB-G RAM G Act in Leh | People want affordable power, not broken promises and higher bills: Balbir | Uttar Pradesh's daughters becoming self-reliant, creating a new identity by joining 'Mukhyamantri Yuva Udyami Yojana' | MY Bharat to organise Khelo India Samvaad across Jammu & Kashmir on August 27 | Natrang's 'Colours of Jammu Kashmir' outshines at IIM Jammu | Plantation drive held at HSS Chowki Choura | Read your manifesto twice: Tony slams Omar Govt over power tariff hike | Central Bank of India Chandigarh Region Organises Retail Credit Outreach Camp | Rekha Mahajan extends best wishes to newly appointed Mahila Morcha National President | Rahul Gandhi works to insult Uttar Pradesh and the Country: CM Yogi | JK Rehbar-e-Taleem Teachers Forum holds general meeting in Srinagar | DPS Jammu student Veer Vikram Singh thakur makes literary debut with dark fantasy novel The Sinner's Veda | Back Issues  
 
news details
HC denies bail to NDPS convict, says long jail stay alone cannot dilute section 37 RI
5/4/2026 9:55:32 PM
Early Times Report
JAMMU, May 4: The High Court of Jammu & Kashmir and Ladakh has refused to suspend the sentence of an NDPS convict and declined bail, holding that in cases involving commercial quantity of contraband, the stringent conditions under Section 37 of the NDPS Act cannot be bypassed merely on the ground of long incarceration.
Justice Sanjay Dhar dismissed the application filed by Bashir Ahmad Bhat, who had sought suspension of sentence and bail during pendency of his criminal appeal against conviction in FIR No. 230/2021 for offences under Section 8/15 NDPS Act. The applicant was represented by Mr. N. A. Ronga, Advocate, while the UT of J&K was represented by Mr. Ilyas Laway, Government Advocate.
The appellant had been convicted by the Special Judge, designated under the NDPS Act, Anantnag, for possessing commercial quantity of poppy straw. He was sentenced on October 27, 2025, to 10 years rigorous imprisonment and a fine of Rs 1 lakh, with a further one-year rigorous imprisonment in default of payment of fine.
As per the prosecution case, on August 19, 2021, police on routine patrolling at Dhonipora near National Highway crossing, Anantnag, intercepted an Alto 800 vehicle bearing registration No. JK18A-1097, which was proceeding from Anantnag towards Sangam. During search of the vehicle, police recovered five nylon bags concealed inside the vehicle, containing a total of 70 kilograms of poppy straw. The appellant was found to be in charge of the vehicle at the relevant time.
Seeking bail, the appellant argued that he was innocent, had a strong prima facie case in appeal and had already undergone more than four years of imprisonment. It was submitted that since the appeal may take time for final disposal, his sentence should be suspended and he should be released on bail.
The UT opposed the plea, arguing that the appellant stood convicted for possession of commercial quantity of contraband and, therefore, the bar under Section 37 of the NDPS Act was fully attracted. The prosecution contended that unless the court was satisfied that the convict was not guilty and was not likely to commit any offence while on bail, he could not be released.
The High Court observed that after conviction, the presumption of innocence no longer operates in the same manner as at the pre-trial stage. Relying on Supreme Court judgments, the court held that while suspension of sentence is legally permissible, it requires strong and compelling reasons, particularly in NDPS cases involving commercial quantity.
The court further noted that the police witnesses had supported the prosecution case and that, at the bail stage, no material contradictions were visible which could make the conviction unsustainable on a cursory reading. The court also rejected the contention regarding safe custody of the seized contraband, noting that the Special Judge had recorded that sealed samples were received by the FSL and seals were found intact.
On the argument regarding violation of Sections 42 and 50 of the NDPS Act, the High Court held that prima facie the case appeared to be one of chance recovery and not recovery based on prior information, and therefore Section 42 was not attracted. Similarly, since the recovery was from the vehicle and not from personal search of the appellant, Section 50 was also not attracted.
The court held that from an overall reading of the trial court judgment and prosecution evidence, it could not be said at this stage that the appellant was not guilty of the offence for which he had been convicted. Consequently, the mandatory conditions under Section 37 of the NDPS Act were not satisfied.
Dealing with the plea of long incarceration, the High Court observed that although the appellant had remained in custody for more than four years, that alone would not entitle him to bail unless it was shown that the appeal was unlikely to be heard in the near future. The court noted that the appellant's counsel was given an option to argue the main appeal finally, but he sought time to argue it.
Dismissing the application, the High Court granted liberty to the appellant to renew his prayer for suspension of sentence or bail if, for reasons not attributable to him, the appeal is not heard within the next six months. The court clarified that observations made in the order shall not be treated as an expression of opinion on the merits of the appeal.
(JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU