Early Times Report
Jammu, July 14: The High Court of Jammu & Kashmir and Ladakh has declined to directly grant bail to an accused whose earlier bail was cancelled after he was allegedly booked in another case under the Narcotic Drugs and Psychotropic Substances Act.
Justice Sanjay Dhar disposed of the bail application filed by Gulzar Ahmad Allaie through his wife, while granting him liberty to approach the trial court with a fresh bail plea on the basis of changed circumstances.
The petitioner is facing trial before the Principal Sessions Judge, Kulgam, in a case arising out of FIR No. 71/2021 registered under Sections 8 and 20 of the NDPS Act.
During the pendency of the trial, the petitioner was granted bail by the trial court on December 22, 2021, subject to several conditions, including that he would not indulge in subversive activities or repeat a similar offence.
The High Court noted that the petitioner was subsequently booked in FIR No. 36/2024 under Sections 8 and 20 of the NDPS Act at Police Station Qaimoh.
Following the registration of the fresh case, the prosecution moved an application before the trial court seeking cancellation of the petitioner’s bail. The trial court, through an order dated March 23, 2025, cancelled the bail granted to him.
Instead of challenging the cancellation order, the petitioner directly approached the High Court seeking fresh bail.
Justice Dhar observed that the bail cancellation order appeared to be well-founded because the petitioner had allegedly violated a specific condition imposed while granting him bail by becoming involved in another NDPS case.
The court, however, took note of the fact that the petitioner had remained in custody for more than one year after cancellation of his bail and observed that substantial progress may have taken place in the trial during this period.
In view of the changed circumstances, the High Court held that the petitioner could approach the trial court again with a fresh application for bail.
The petition was accordingly disposed of with liberty to the petitioner to move the trial court on fresh grounds. The High Court directed that whenever such an application is filed, it should be decided expeditiously, preferably within one month.
Advocate Suhail Ahmad Shah appeared for the petitioner, while Government Advocate Numan Malik represented the Union Territory administration. (JNF) |
