Serial No. 04 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM (M) No. 595/2026 CrlM No. 1379/2026 Union Territory of Jammu & Kashmir, Through Station House Officer, Police Station Pantha Chowk, Srinagar. … Petitioner(s) Through: - Mr Haris Khan, Advocate vice Mr Mohsin-ul-Showkat Qadri, Sr. AAG. V/s Sameer Hussain Dar S/O Ghulam Mohammad Dar R/O Chattergam, Chadoora, Budgam. … Respondent(s) CORAM: HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE. (ORDER) 18.08.2026 01. Heard learned Counsel appearing for the Petitioner-UT. 02. The Petitioner-Union Territory of Jammu & Kashmir has invoked the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS] seeking quashing of Order dated 30th of September, 2025 passed by the Court of learned Special Judge (NDPS Cases), Srinagar [Trial Court], whereby the Respondent herein was granted interim bail in FIR No. 02/2025 of Police Station Pantha Chowk, Srinagar, for offences under Section 8/21 of the Narcotic Drugs and Psychotropic Substance 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 Section 37 of the NDPS Act and also his antecedents were not taken into account. Besides, the Petitioner has also contended that the Respondent is not cooperating with the ongoing trial before the Trial Court. 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 remedy under Section 528 of the BNSS. 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, regard being had to the bar of Section 37 of the NDPS Act or any other circumstance urged before the Trial Court. 07. Petition is, thus, disposed of on the above terms, along with the connected CrlM. (SHAHZAD AZEEM) JUDGE SRINAGAR August 18th, 2026 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document