Jammu and Kashmir High Court Grants Bail in NDPS Case Due to Insufficient Evidence

Court Finds Lack of Evidence for Commercial Quantity Possession; Conditions Applied for Bail Approval

In a significant ruling, the Jammu and Kashmir High Court has granted bail to Javaid Ahmad Bhat, who was accused of possessing commercial quantities of contraband under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The decision, delivered by Justice Sanjay Dhar on November 14, 2025, came after the court found insufficient evidence to establish the possession of a commercial quantity of Codeine Phosphate by the petitioner.

The case against Bhat stemmed from an incident on July 14, 2024, where police apprehended him and discovered 11 bottles labeled as containing Codeine Phosphate in his vehicle. However, only one of these bottles was sent for chemical analysis, leading to a crucial gap in evidence regarding the contents of the remaining bottles.

The court noted that without representative sampling or batch numbers to confirm the uniformity of the contents across all bottles, it is unreasonable to infer that all contained the same contraband substance. This lack of evidence undermined the charge of possessing a commercial quantity, a critical factor in NDPS cases which mandates stricter bail conditions.

Justice Dhar emphasized the legal requirement that the prosecution must demonstrate reasonable grounds to suspect the accused of possessing a commercial quantity, a standard unmet in this instance. Moreover, the court observed that there was no prior record suggesting Bhat’s involvement in drug trafficking or any indication he would continue such activities if released.

The High Court also took into account Bhat's prolonged detention of over a year, noting that further incarceration would not serve any meaningful purpose, especially given the limited progress in the trial process, with only half the witnesses having been examined.

Consequently, Bhat was granted bail under several conditions to ensure his compliance with the judicial process. He must provide a personal bond worth Rs. 50,000 and two sureties of the same amount, appear at all hearings, and not leave the Union Territory without court permission. Additionally, he is prohibited from intimidating witnesses or engaging in similar illegal activities.

This judgment highlights the importance of thorough evidence collection and analysis in NDPS cases, and the necessity for courts to balance individual rights with public interest. While the ruling provides relief to Bhat, it underscores the procedural complexities involved in prosecuting drug-related offenses.

Bottom Line:

Bail granted in NDPS Act case where evidence failed to establish possession of commercial quantity of contraband drugs due to lack of representative sampling and absence of material suggesting involvement in illicit drug trade.

Statutory provision(s): Section 8, Section 21, Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023

Javaid Ahmad Bhat v. Ut of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2808650