Bail Must Be Decided Based on Individual Contraband Recovery, Even If Accused Travelled Together: Jammu & Kashmir HC [Read Judgment]

Jammu: The Jammu and Kashmir High Court has observed that contraband recovered from accused persons individually, even when they are traveling together, must be considered separately for each accused when determining bail eligibility.

Justice Sindhu Sharma issued the order while granting bail to an accused person found with an intermediate quantity of heroin.

Jammu and Kashmir High Court Grants Bail Citing Separate Drug Recoveries Under NDPS Act

The court addressed a case involving a bail application filed by Abdul Hamid, who was arrested along with two co-accused for possession of narcotic substances. The court noted, “The applicant has preferred this application under Section 483 of the BNSS, 2023, for grant of bail in FIR No. 212/2024 dated 17.09.2024, registered by the SHO, Police Station Rehmbal / Respondent No. 2, for offences under Sections 8/21/22 of the NDPS Act.”

Examining the details of the case, the court observed, “The police party was deployed at Tikri to perform Naka security checking, and during checking at about 2205 hours, one car bearing Registration No. JK02DH-2486, which was coming from Jammu and going towards Srinagar, was stopped.”

Individual Recovery of Narcotics Key in Bail Decisions, Says J&K HC

The court highlighted the specific recoveries made, stating, “From the personal search of the applicant–Abdul Hamid, one transparent polypack containing banned heroin weighing 104.89 grams (excluding packaging material) was recovered from the front right pocket of his jeans. From the personal search of Mukhtar Ahmed, one transparent polypack containing banned heroin weighing 106.86 grams (excluding packaging material) was recovered from the front right pocket of his jeans.”

Additionally, the court referred to the Supreme Court’s judgment in Amarsingh Ramjibhai Barot vs. State of Gujarat, wherein it held, “The appellant and Danabhai Virabhai Rabari were found together, but were individually carrying the recovered substances. Hence, it was not possible for the High Court to take the view that Section 29 was attracted.”

While referring to the decision, the court further stated, “The fact that all the accused persons apprehended by the Investigating Agency were acting with a common intention has to be established during the course of the trial. At this stage, the applicant was only carrying contraband of intermediate quantity.”

The court emphasized, “The contraband found in the possession of the applicant is less than the commercial quantity. As such, this Court is of the considered view that the embargo of Section 37 of the NDPS Act would not be applicable in this case.”

Therefore, the court granted bail to the applicant subject to conditions including a personal bond of Rs. 1,00,000/-, cooperation with the trial court, restrictions on leaving the territorial jurisdiction without permission, and prohibitions against interfering with witnesses or committing similar offences.

Mr. N.D. Qazi, Advocate, appeared for the applicant, whereas Mr. Sumeet Bhatia, GA, appeared for the respondents.

Case Title: Abdul Hamid vs. Union Territory of J&K & Anr.

[Read Judgment]