Srinagar, Jan 2: A court here has rejected bail application of an accused from whose possession 910 grams of heroin-like substance was allegedly recovered last year.
Special Judge (NDPS Cases) Srinagar Vinod Kumar rejected the bail plea of Ghulam Nabi Dar of Sheeri Baramulla, observing that the prosecution has made out a strong prima facie case and that the rigorous bar on bail under Section 37 of the NDPS Act was clearly attracted. Dar is one of the two accused in FIR No. 16/2025, registered by police at Police Station Shalteng.
The case was registered after a contraband was recovered from a vehicle during checking at Sozeith Srinagar on February 24 last year.
Counsel for the accused contended that the rigours of Section 37 were not attracted, arguing that the alleged recovery did not fall within the definition of commercial quantity and that the accused deserved to be enlarged on bail.
Opposing the plea, Special Public Prosecutor Ms Shafaq submitted that the seized substance was of commercial quantity, and therefore bail was statutorily barred. She argued that the offence was grave in nature and had devastating consequences for society, particularly the youth including the young girls.
“If released on bail, the accused is likely to continue such activities and destroy the lives of the younger generation,” she submitted.
After hearing the parties, the court observed that it meticulously applied the twin conditions under Section 37 of the NDPS Act, which impose stringent restrictions on the grant of bail in cases involving commercial quantities of narcotic drugs.
The court held that the prosecution had produced sufficient corroborative material, including bank transactions between the accused, mobile call data reflecting regular communication, and recovery of the mobile phone used in the alleged transactions from the applicant’s residence. These factors, the court said, prima facie establish a nexus beyond mere confessional statements.
Relying on Supreme Court judgments, the court reiterated that bail can be granted only when the court is satisfied that there are reasonable grounds to believe that the accused is not guilty and that he is not likely to commit any offence while on bail.
“In the instant case, the recovery of 910 grams of heroin-like substance—far exceeding the commercial quantity threshold of 250 grams for heroin under the NDPS Act—coupled with the applicant’s prima facie involvement through vehicle ownership, financial transactions, and corroborative disclosures, precludes any such satisfaction,” it said.
The Court that the material on record disclosed a strong prima facie case and that there was a tangible risk of the accused re-engaging in similar activities. It dismissed the bail application, accordingly.