Kashmir Impulse Desk

Srinagar, May 2 

High Court of Jammu and Kashmir and Ladakh has refused to grant bail and suspend the sentence of a man convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing strict statutory conditions governing such offences.

A bench of Justice Sanjay Dhar dismissed the petition filed by Bashir Ahmad Bhat, who was sentenced to 10 years’ rigorous imprisonment and fined ₹1 lakh after being convicted by a Srinagar trial court in October last year in a drug trafficking case involving commercial quantity of contraband.

According to the prosecution, police had recovered 70 kg of poppy straw from a vehicle at Dhonipora on the Anantnag-Sangam highway, following which an FIR was registered in August 2021.

The petitioner had sought bail on the grounds that he had already spent over four years in custody and alleged inconsistencies in the prosecution case. 

However, the court held that offences involving commercial quantities under the NDPS Act attract stringent conditions under Section 37 of the law.

The court observed that bail in such cases can be granted only if it is satisfied that the accused is not guilty and is unlikely to reoffend – conditions it found not met in this case.

It also rejected arguments relating to procedural lapses, noting that the recovery was a “chance recovery” from a vehicle, which did not require prior information or personal search safeguards.

While dismissing the plea, the court granted liberty to the convict to renew his request if the appeal is not heard within six months for reasons not attributable to him.