UNION TERRITORY THROUGH POLICE STATION GANDERBAL (HOME) v. MANZOOR AHMAD BHAT
Bail App/152/2024 · 2025-12-01
Vinod Chatterji Koul
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15055 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15055 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 17 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CrlM No. 1769/2024 In Bail App. No. 152/2024
UT of J&K through P/S Ganderbal …Appellant/Petitioner(s) Through: Mr. Jahingeer Ahmad Dar, GA vice Mr. Waseem Gull, GA Vs. Manzoor Ahmad Bhat ...Respondent(s) Through: Mr. Gulzar Ahmad Bhat, Advocate CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 01.12.2025
1. The order dated 09.08.2024 passed by the Court of Principal Sessions Judge, Ganderbal, in Mohammad Manzoor Ahmad Bhat v. UT of J&K through P/S Ganderbal, whereby the respondent herein has been admitted to bail subject to certain conditions, is under challenge in the present petition.
2. As per the prosecution case, during the search of the house of accused as well as the Scorpio vehicle No. JK16-090, 10 strips of Spasmoproxyvon plus (80 capsules) were recovered beneath the left side rear seat, concealed in a bag under the cushion cover of said Scorpio vehicle.
3. The accused has been charged for the offences under Sections 8/21 of the NDPS Act on 22.05.2024. He was arrested on 25.02.2024, and subsequently admitted to bail vide order dated 09.08.2024 after having remained in custody for a period of 5 ½ months.
4. It is contended by Mr. Jahingeer Ahmad Dar, GA, that narcotic substance recovered from the accused constituted a commercial quantity, thereby attracting the rigours of Section 37 of NDPS Act, and that the Trial Court erred in granting bail.
5. However, the material on record indicates that the quantity recovered from the accused/respondent does not fall within the definition of commercial quantity. Further, despite the accused having remained in custody for about 5 ½ months, the prosecution, though granted several opportunities, failed to produce evidence.
6. In these circumstances, the reasoning assigned by the Trail Court while admitting the accused/respondent to bail does not suffer from any illegality warranting interreference by this Court. Accordingly, finding no merit in the present petition, the same is dismissed.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 01.12.2025 Manzoor
Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 03.12.2025 14.14