UNION TERRITORY THROUGH POLICE STATION PAMPORE (HOME) v. ZUBAIR SHAFI WANI
Bail App/127/2025 · 2026-03-11
Rahul Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 621 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 621 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No.11 REGULAR CAUSE LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Bail App 127/2025 CrlM(927/2025) Union Territory Through SHO Police Station Pampore, Pulwama …Petitioner(s)
Through: Mr. Furkan Yaqub Sofi, GA Vs. Zubair Shafi Wani ...Respondent(s) Through: Mr. Gowhar Majid Dalal, Advocate
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER 11.03.2026
1. Though this case is posted for objections/ response from the respondent/accused’s end but this Court is of the opinion that the response/objections from the end of the respondent is not going to matter with respect to the adjudication of the present petition through which the Union Territory of J&K, through SHO Police Station, Pampore, Pulwama is seeking cancellation of bail granted by the Special NDPS Court, Pulwama in terms of order dated 22.04.2025.
2. The respondent came to be booked by reference to FIR No. 30/2024 registered under section 8/21 of
the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 by Police Station Pampore for alleged possession of contraband allegedly found upon the person of the respondent when intercepted by a Naka at Galendar Chowk, falling within the jurisdiction of Police Station, Pampore.
3. The respondent came to be taken into custody on the basis of said FIR so registered and came to be an undertrial in custody upon presentation of a challan, whereupon the respondent had come to ask for the bail when some of the prosecution witnesses in the case had been examined and, therefore, the Special NDPS Court, Pulwama was well possessed with the situation to consider the bail plea of the respondent in a better perspective.
4. The court below, in its order dated 22.04.2025, in para 15 came to make a realistic assessment of the state of prosecution evidence and came up with an observation which of course has to be prima facie bearing the mandate of section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 in mind, that there are glaring contradictory versions coming out from the testimony of the prosecution witnesses examined, and that too the prosecution
witnesses being the police personnel which literally brings the very seizure of the alleged contraband from the respondent under scope of doubt.
5. This Court finds no illegality in the exercise of discretion on the part of the Special NDPS Court, Pulwama in its order dated 22.04.2025 granting bail, as such, the present petition is dismissed.
(RAHUL BHARTI)
JUDGE
SRINAGAR: 11.03.2026
“Mir Arif”