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2025 DAILYLAW 1439 (JK)

UNION TERRITORY THROUGH POLICE STATION MATTAN (HOME) v. ARIF AHMAD KHAN

Bail App/5/2025 · 2026-08-27

Shahzad Azeem

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 01 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App No. 5/2025 CrlM No. 28/2025 Union Territory of J&K, Through SHO Police Station Mattan, Anantnag. … Petitioner(s) Through: - Ms Maha Majeed, Assisting Counsel vice Mr Mohsin-ul-Showkat Qadri, Sr. AAG. V/s Arif Ahmad Khan S/O Noor Ud Din Khan R/O Hutmurrah, Mattan, District Anantnag. … Respondent(s) Through: - None. CORAM: HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE. (ORDER) 27.08.2026 01. Heard learned Counsel appearing for the Petitioner-UT. 02. The Petitioner-Union Territory of Jammu & Kashmir has invoked the jurisdiction of this Court seeking cancellation of Order dated 3rd of April, 2024 passed by the Court of learned Additional Sessions Judge, Anantnag [Trial Court], whereby the Respondent herein was granted interim bail in FIR No. 25/2022 of Police Station Mattan for offences punishable under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act [NDPS Act]. 03. The contention of the Petitioner is that, while granting interim bail to the Respondent, the Trial Court did not take into consideration the parameters as envisaged under law as also the nature of offences alleged to have been committed by the Respondent. 04. Admittedly, the Respondent herein was admitted to interim bail and the matter is still pending on the docket of the Trial Court. Therefore, the Petitioner is required to first exhaust the remedy before the Trial Court, which has granted the interim bail in favour of the Respondent, instead of invoking the extraordinary jurisdiction of this Court. 05. Confronted with the above given facts and circumstances, learned Counsel for the Petitioner seeks liberty to approach the Trial Court so as to avail the remedy as provided under law. 06. In view of above, this Petition is disposed of at this stage with the liberty as prayed for and, in case, any such application is filed before the Trial Court, same shall be considered and disposed of expeditiously, in tune with the mandate of law governing the subject. 07. Petition is, thus, disposed of on the above terms, along with the connected CrlM. (SHAHZAD AZEEM) JUDGE SRINAGAR August 27th, 2026 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document