Excelsior Correspondent
Srinagar, May 16: High Court dismissed the bail plea of a drug peddler citing the recovery of contraband attracts the provisions of commercial quantity under the NDPS Act.
Justice M A Chowdhary dismissed the bail application of one Gulzar Ahmad Khan of Hamnadi, Anantnag District. He preferred the present application under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, seeking grant of bail in FIR No. 47/2025 registered at Police Station Srigufwara, for the commission of offences punishable under Sections 8/20 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The applicant challenges the legality of the order dated 21.02.2026 passed by the Special Judge (Designated 2 under NDPS Act), Anantnag whereby his plea for bail was rejected. As per the prosecution, on 15.07.2025, a police patrolling party at Hamnadi Liver, intercepted the applicant-Gulzar Ahmad Khan Pathan, who was found in possession of 602 grams of Charas.
During the course of initial questioning, the applicant made a disclosure statement leading the police to Benard Sallar, where two co-accused, Abdul Rashid Swathi Gojjar and Mohammad Rafiq Swathi Gojjar, were apprehended with 498 grams and 318 grams of Charas, respectively.
The investigation culminated in the filing of a charge sheet (Challan) on 01.12.2025, which is currently pending disposal before the trial court. Being aggrieved by the order dated 21.02.2026 passed by the Trial Court in which the bail application of the applicant/accused came to be dismissed, the applicant has preferred the present application seeking enlargement on bail on the grounds that the learned Trial Court.
“At this stage, when charges are yet to be considered by the Special Judge, as such, it will not be proper for this Court to take a view with regard to charge in bail jurisdiction. The menace of drug trafficking is a heinous and grave that threatens the larger public interest”, the court said.
It has been further added that the applicant has failed to satisfy the “twin conditions” of Section 37 to rebut the presumption of guilt for the purpose of bail. “In view of the gravity of the offence, the commercial nature of the total contraband recovered through a shared nexus, and the statutory bar under Section 37 of the NDPS Act, this Court finds no merit in the present application”.
“The order passed by the learned Trial Court does not suffer from any legal infirmity. Viewed thus, the application seeking the enlargement of the applicant on bail is dismissed along with interim application”, the court concluded.
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