NDPS - Bail involving commercial quantity - Prolonged incarceration alone cannot override statutory restrictions.

Jammu and Kashmir High Court Denies Bail to Accused in Commercial Quantity Drug Case Court Emphasizes the Mandatory Compliance with Section 37 of NDPS Act for Bail in Serious Drug Offences

In a notable judgment delivered on November 21, 2025, the Jammu and Kashmir High Court, led by Justice Wasim Sadiq Nargal, denied bail to Shahnawaz Ahmad Dar, accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case, arising from FIR No. 292 of 2021, involves the recovery of a commercial quantity of contraband, reportedly Chlorine Phosphate, from the accused during a police operation.

The petitioner, Shahnawaz Ahmad Dar, had been in custody for over four years and sought bail on both humanitarian and legal grounds. His counsel argued that the procedural lapses and contradictions in the prosecution's case should entitle him to bail. However, the court emphasized that such claims are matters for trial rather than bail consideration, especially in cases involving commercial quantities of narcotics.

The court underscored the mandatory twin conditions under Section 37 of the NDPS Act, which require the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit any offense while on bail. The decision aligns with precedents from the Supreme Court, reiterating that prolonged incarceration alone does not justify bail in serious drug offences, especially when the trial is progressing with ten out of thirteen witnesses already examined.

The prosecution maintained that the nature of the offense poses a significant threat to society, and releasing the accused could lead to further criminal activities. The court agreed, highlighting the legislative intent to protect the public from the dangers posed by drug traffickers and emphasizing that procedural delays do not override the stringent conditions set by the NDPS Act.

In dismissing the bail application, the court directed the trial court to expedite the trial proceedings, ensuring no unnecessary delays. This decision highlights the judiciary's stringent approach toward narcotic offenses, reflecting the serious societal impact of drug-related crimes.

Bottom Line:

Bail under NDPS Act involving commercial quantity - Mandatory twin conditions under Section 37 of the NDPS Act must be satisfied - Prolonged incarceration alone cannot override statutory restrictions.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37

Shahnawaz Ahmad Dar v. U.T of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2812148