S. No. 17 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M)/111/2022 UNION TERRITORY THROUGH POLICE STATION QAZIGUND …Appellant/Petitioner(s) Through: Mr. Furqan Yaqoub, GA Vs. SAYAR AHMAD DAR AND ANR. ...Respondent(s) Through: None CORAM: HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE O R D E R 24.04.2026 The respondent came to be arrested in FIR No. 271 of 2020 under Section 08/15 of the NDPS Act, for which he is facing trial, whereas, in terms of the impugned order, he has been granted bail. Through the medium of the present petition, the petitioner seeks setting aside of the bail order and remaining of the respondent to judicial custody on the ground that the Trial Court passed the impugned order in haste without proper application of mind and failed to adhere to the mandate of Section 37 of the NDPS Act. The incident is of 27th September 2020, when the respondent was allegedly found in possession of 60 kilograms of narcotic substance, namely poppy straw, which was recovered from him, leading to his arrest. After completion of legal formalities, he was put to trial. It further appears that charges were formally drawn on 17th April 2021, and out of eight witnesses, only three had been examined at the time when the bail application was considered. The Trial Court, being of the view that material witnesses had been examined and there existed grounds favoring the accused, granted bail, besides that Trial Court also took note of Section 37 of the NDPS Act. Given the fact that the petitioner has been on bail since 2022, and it is not reflected from the submissions of the respondent as to the present stage of the case, it is reasonable to assume that most of the remaining witnesses must have been examined by now. As the petitioner is enjoying the concession of bail for a considerable period, it would not be appropriate to send him back to custody, particularly when the impugned order appears to have been passed after due application of judicial mind. In that background, the present petition does not warrant any further consideration. The order passed by the Trial Court appears to be a reasoned one accordingly, this petition lack merit is dismissed, with a direction to the Trial Court to conclude the trial at the earliest. (SANJAY PARIHAR) JUDGE SRINAGAR 24.04.2026 Shabroz