Srinagar Court Rejects Bail In 910G Heroin Seizure Case

(MENAFN- Kashmir Observer) Srinagar- A Special Judge (NDPS Cases) here has turned down the bail plea of an accused in a narcotics case involving the recovery of 910 grams of heroin-like substance, observing that the prosecution has established a strong prima facie case and holding that a strong prima facie case exists and the statutory embargo under Section 37 of the NDPS Act bars grant of bail.

“...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,” the Special Judge (NDPS Cases) Srinagar Vinod Kumar while rejecting the plea filed by Ghulam Nabi Dar of Sheeri Baramulla, one of the two accused in FIR No. 16/2025, registered at Police Station Shalteng following seizure of the heroin-like substance during vehicle checking near Sozeith in City outskirts on 24 February last year.

Earlier 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, the Special Public Prosecutor 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,” the Special Public Prosecutor said.

After hearing both sides, 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.

Relying on settled Supreme Court jurisprudence, the court reiterated that bail can be granted only when it is satisfied that there are reasonable grounds to believe that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail.

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