x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   The Immutable Covenant: Reaffirming J&K’s Historic Accession to India | Plastic Particles Found in Milk Samples: A Scientific Concern | ‘Vocal for Local’ | Only 6 MLAs, 1 big demand: Cong wants Deputy CM’s chair, NC says no | Kharge's remarks against PM Modi unacceptable: Rajnath Singh | SC expresses satisfaction over 14 states agreeing to raise retirement age of Judicial Officers | Massive fire destroys 40 shops near Jammu Railway Station | DGPs, IGPs Conference to be held in Tirupati from Dec 4 to 6; PM Modi, Amit Shah to attend | Values hold great importance in Indian culture: Nitin Nabin | Anantnag: Police register 8 NDPS cases, arrest 7 suspects | Build bar rooms, washrooms for women advocates: SC to States, UTs | J&K cabinet expansion today | Searches launched in Kathua | Gymkhana Jammu Promotes various activities at Yug Dhar | DC Kishtwar administers Integrity Pledge as Vigilance Awareness Week 2026 commences in district | J-K's accession to India historic, unity and integrity non-negotiable: BJP MP Sharma | Six CGPWA veterans felicitated | Samba police conducted joint foot patrolling along border road | Reasi police crack down on drug trafficking in Katra | SSP Awantipora interacts with media fraternity of Police District Awantipora | Centre invites applications for two posts of information commissioners in CIC | Railway Board flags safety concerns, grants conditional approval to RCF-made Vande Bharat chair car | Govt amends motor vehicle rules to permit pure ethanol flex-fuel vehicles | Rupee falls 22 paise to close at 95.15 against US dollar | SSP Benam Tosh urges people to use social events as platforms for anti-drug campaign | On Accession Day, Mehbooba urges people of India to recall promises made to J&K | 'CGA Adalat-2026' to be organized for disposal of pending compassionate appointment cases | Samba police foils major bovine smuggling attempt; arrests bovine smuggler | Raksha Mantri to lead Indian delegation at 13th ADMM-Plus in Philippines | Applications invited for re-engagement of retired railway employees | Person booked after being found in an intoxicated state at Dogripora | LS Speaker inaugurates 12th BRICS Parliamentary Forum 2026 | Three per cent of world's glaciers account for over half of global glacier ice loss, study finds | MSI honours Prof Yash Pal Sharma with Prof C Manoharachary Award | National conference held at CU of Jammu | A divine aura of devotion and oneness envelops the third day of the 79th Annual Nirankari Sant Samagam | "Remove 'Emergency' from Fire department: Tony rips into fire services over Shiv Market blaze | Maharishi Valmiki: A Great Symbol of Indian Culture, Literature and Spiritual Consciousness - Sudhir Jain | Pantnagar University Takes Historic Initiative to Make Education Industry-Oriented | Maharishi Valmiki showed humanity the path to living a righteous life through the Ramayana: CM Saini | Back Issues  
 
news details
HC says no short-cut to bail in commercial quantity drug case
6/6/2026 10:24:15 PM
Early Times Report

Jammu, June 6: The High Court of Jammu & Kashmir and Ladakh has dismissed the bail plea of Manish Kumar Sharma in a commercial quantity NDPS case, holding that an accused cannot secure bail merely on the ground of prolonged custody unless the mandatory twin conditions under Section 37 of the NDPS Act are satisfied.
Justice Rajesh Sekhri rejected the bail application filed under Section 483 of the BNSS in FIR No. 10/2022 registered at Police Station Nowabad, Jammu, for offences under Sections 8/20/21/22 of the NDPS Act.
As per the prosecution case, on February 1, 2022, a police patrol party noticed the petitioner standing near JMC Toilet Complex, Jewel Chowk, Jammu, carrying a green-coloured polythene bag. On seeing the police party, he allegedly tried to flee. After being apprehended and searched, he was allegedly found in possession of 100 grams of ganja, 70 Diazepam ampoules, 50 Promethazine ampoules and 25 Buprenorphine ampoules.
Appearing for the petitioner, Advocate P. S. Pawar argued that the accused had been falsely implicated and that there were material contradictions in the prosecution evidence regarding arrest, seizure, handling of contraband and non-association of independent witnesses despite the alleged recovery being made from a busy public place. He further submitted that the petitioner had been in custody since February 1, 2022 and that continued incarceration violated his right to personal liberty under Article 21.
Opposing the plea, Deputy Advocate General Pawan Dev Singh submitted that the recovery involved commercial quantity and the rigour of Section 37 of the NDPS Act was clearly attracted. He argued that the petitioner had failed to satisfy the twin conditions required for bail in such cases.
The Court observed that since the prosecution case pertained to recovery of commercial quantity, bail could be granted only if the Court was satisfied that there were reasonable grounds for believing that the accused was not guilty and was not likely to commit any offence while on bail.
Rejecting the defence plea based on contradictions in witness statements, the Court held that at the stage of bail in cases governed by Section 37 of the NDPS Act, the Court is not expected to undertake a meticulous appreciation of evidence or record findings touching the merits of the prosecution case. The contradictions pointed out by the petitioner, the Court said, may be relevant for trial but cannot at this stage lead to a conclusion that he is not guilty.
The High Court also held that non-association of independent witnesses by itself was not sufficient to overcome the statutory embargo. The evidentiary value of official witnesses and the effect of non-association of independent witnesses, the Court observed, are matters to be assessed during trial.
On the plea of prolonged custody, the Court observed that the right to speedy trial is a fundamental right, but it is not an absolute or automatic ground for bail. The Court noted that prolonged incarceration cannot mechanically override the seriousness of the offence and the statutory restrictions under the NDPS Act.
The Court further observed that the delay in trial was not attributable only to the prosecution or the trial court, as the petitioner had also contributed to the delay. It noted that time was consumed in engaging counsel, filing power of attorney and concluding arguments on charge and discharge. The Court also recorded that on one occasion the Investigating Officer was present before the trial court but could not be examined due to the absence of defence counsel.
The High Court further took note that all prosecution witnesses except the Investigating Officer had already been examined and the trial was at its final stage.
Holding that the petitioner failed to satisfy the twin conditions under Section 37 of the NDPS Act, the Court found no case for grant of bail at this stage and dismissed the application. The trial court was directed to decide the matter expeditiously and independently on the basis of evidence. (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