HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App. No. 209/2025 Reserved on: 12.11.2025 Pronounced on: 17.11.2025 Uploaded on: 17.11.2025 Whether the operative part or full judgment is pronounced Mohd. Tahir, Age 35 years, S/o Abdul Salam Naik, R/o Village Kote Behrote, Tehsil Thanamandi District Rajouri through his father Abdul Salam Naik Age 70 years, S/o Late Sh. Ali Mohd. R/o Village Kote Behrote, Tehsil Thanamandi District Rajouri. …..Appellant(s)/Petitioner(s) Through: Mr. Rohit Kumar Parihar, Advocate Mr. Pardeep Singh Katoch, Advocate Vs Union Territory of Jammu & Kashmir Through Station House Officer/Incharge, Police Station, Thanamandi, District Rajouri. .…. Respondent(s) Through: Mr. Bhanu Jasrotia, GA Coram: HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE JUDGMENT 1. The petitioner is facing trial before the Court of learned Additional Sessions Judge (Special Judge NDPS cases), Rajouri, [the trial Court] in a case arising from FIR No. 0034/2025 under Section 8/21/2022 of NDPS Act. Initially petitioner has moved an application before the trial Court seeking concession of bail, however, the trial Court vide order dated 17.07.2025 dismissed the application after noticing the nature of crime and antecedents of the petitioner. Sr. No. 05 Bail App. No. 209/2025 P a g e | 2 2. In the above backdrop now petitioner has approached this Court seeking bail mainly on the ground that he did not commit any offence, inasmuch as, alleged seized quantity of contraband i.e., heroin falls within the intermediate quantity, but the trial Court failed to appreciate this aspect of the matter and also further submitted that the rejection of bail by the trial Court amounts to punishment, therefore, once rigors of Section 37 of NDPS Act are not applicable in that event petitioner is entitled to the concession of bail, as the liberty of individual is of paramount consideration. 3. On the other hand application is opposed by the respondent mainly on the ground that the petitioner is a habitual offender, who is facing multiple FIRs, therefore, keeping in view the antecedents of the petitioner it will not be in the interest of the society to grant him bail. In addition, the details of previous FIRs lodged against the petitioner are also given, besides the factual narration of the accusation for which he is put to trial is also detailed therein and note whereof shall be taken at appropriate stage. 4. Heard, considered. 5. The facts in brief are that the petitioner was apprehended by the police patrolling party of police station Thanamandi allegedly on 16.03.2025 at Siyal Kassi Rajdhani Bridge (Thanamandi) and during the search of his bag, heroin weighing 6.30 grams, along with one syringe containing liquid (heroin) 2ml, recovered. Accordingly, this lead to the registration of formal FIR No. 0034/2025 under Section 8/21/2022 of NDPS, Act. During investigation it came to fore that petitioner is a habitual offender, who stated to be involved in multiple FIRs, details whereof are given thus: Bail App. No. 209/2025 P a g e | 3 Sr. No FIR No. Section of Law Police Station Remarks 1. 62/2008 341/323/RPC Thanamandi Rajouri Challaned on 27.06.2008 before the Court of Munsiff JMIC Thanamandi. 2. 193/2019 8/20/60 NDPS Act Thanamandi Rajouri Challaned on 09.12.2021before the Court of law. 3. 05/2021 8/21/22 NDPS Act Surankote Poonch Challaned on 23.11.2022 before the Court of law. 4. 62/2021 8/21/22 NDPS Act Thanamandi Rajouri Challaned on 30.11.2019 before the Court of law. 5. 82/2022 279/337/338 IPC Thanamandi Rajouri Challaned on 23.08.2022 before the Court of law. 6. In view of alleged repeated involvement of the petitioner in drug trafficking related offences he was booked under the provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) by the order of the Divisional Commissioner, Jammu. 7. At the outset it needs to be noticed that the alleged contraband recovered from the petitioner for which he is put to trial falls under intermediate quantity, thus rigors of Section 37 NDPS, Act does not apply. If that is so then the general principles as are contained under Section 437 of Cr.P.C corresponding to 480 of BNSS can be resorted to. However, one of the considerations for granting the bail is the satisfaction as to whether there is likelihood of repeating or re-offending the offence, in case concession of bail is granted. 8. Though in the case on hand given the nature of offence alleged to have been committed by the petitioner, there is no absolute statutory Bar for grant of bail, nonetheless NDPS, Act is special statute with stringent provisions enacted with the object to deter habitual offenders, as drug trafficking poses grave threat to the Bail App. No. 209/2025 P a g e | 4 society. Therefore, once from the trial Court record it is shown that petitioner is involved in multiple FIRs in that event prima facie it appears that one of the conditions of likelihood of repeating the offence would surely stares at him and also stands as Bar in securing the concession of bail. 9. By now it is well settled proposition of law that while granting bail inter alia, it has to be borne in mind that as to whether there is also likelihood of the offence being repeated; and also character, behavior, position and standing of the accused. In this regard reference can be made to the judgment of Hon’ble Supreme Court in Neeru Yadav vs. State of UP and another (AIR 2015 SC 3703). 10. As the prosecution story goes petitioner is already facing as many as 05 FIRs and out of these 03 FIRs pertain to the offences under NDPS Act, in as much as he is stated to be detained under the provisions of PITNDPS, as a preventive measure keeping in view his repeated involvement in drug trafficking related activities. 11. In view of the above analysis, the stage of trial and also in view of larger interest of the society, the petitioner does not deserve concession of bail at this stage. 12. Accordingly, bail petition is dismissed. (Shahzad Azeem) Judge Jammu 17.11.2025 Nikhil Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No