Khursheed Ahmad Ganie vs Union Territory Th. Sho P/S Charar … on 16 January, 2025

Jammu & Kashmir High Court – Srinagar Bench

Khursheed Ahmad Ganie vs Union Territory Th. Sho P/S Charar … on 16 January, 2025

                                                                   Serial No. 4
                                                                    Suppl. List

         IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT SRINAGAR
                               Bail App. No. 10/2025
                                CrlM No. 50/2025
Khursheed Ahmad Ganie                                          ...Petitioner(s)

Through: Ms. Shakir Mehmood, Advocate
                                           Vs.
Union Territory th. SHO P/S Charar I-Sharief.                ...Respondent(s)
Through:
CORAM : HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.

                                        ORDER

16.01.2025

CrlM No. 50/2025.

1. For the reasons mentioned in the application which is supported by a

duly sworn affidavit, coupled with submissions made at Bar, CrlM

No. 50/2025 is allowed and the applicant is exempted to place on

record the clear and legible copies of the annexures for the time being

with a direction to place the same on record positively by next date of

hearing.

2. CrlM No. 50/2025, is disposed of.

Bail App. No. 10/2025.

3. Issue notice to the respondent in the main as also in interim

application for filing objections with an advance copy to other side

well before next date of hearing.

4. Requisites within a period of one week.

5. Heard learned counsel for the petitioner/accused in respect of his

prayer for grant of interim bail.

6. Learned counsel for the petitioner/accused submitted that the

petitioner/accused has been falsely and frivolously implicated in the
case FIR who is innocent and has not committed the alleged offences.

It has also been argued by the learned counsel for the

petitioner/accused that without prejudice to the innocence of the

petitioner/accused, even if the allegations against him are supposed

for sake of arguments to be true yet he is entitled to the concession of

bail as the quantity alleged to have been recovered/seized from him

does not fall within the ambit of commercial quantity and attract the

embargo under Section 37 of NDPS Act.

7. Learned counsel for the petitioner/accused submitted that dried bung

leaves are alleged to have been seized from the house of the

petitioner/accused which does not constitute any narcotic substance.

He further submitted that some naturally grown dried poppy-straw

might have been noticed in the balcony of the petitioner’s house

which the rural women use to collect for use in Chimney during the

winters. He has also submitted that the petitioner is behind the bars

from the last more than three months and the earlier bail application

filed before the learned Special Judge (Designated under NDPS Act),

Budgam came to be rejected vide order dated 12th December, 2024.

Learned counsel for the petitioner/accused further submitted that the

Investigating Officer has observed all the mandatory procedural

provisions under the NDPS Act especially contained under Sections

41 and 42 of the Act in utter breach.

8. I have perused the bail petition and gone through the documents

enclosed with the same especially the seizure memo and the

statements of the witnesses recorded during the investigation.

9. The charge report under Section 193 BNSS has already been filed

before the competent Court and the case is pending trial.

10.Admittedly, the case against the petitioner/accused escapes the

embargo under Section 37 NDPS Act.

11.Prima-facie ground appears to be made out in the opinion of the Court

for grant of interim bail.

12.List on 21st February, 2025.

13.In the meantime, till next date of effective hearing before the Bench,

the petitioner/accused is admitted to interim bail subject to his

furnishing surety and personal bonds to the tune of Rs. 50,000/- each

for fulfilling the following conditions:-

I. That the petitioner/accused shall remain punctual at the
trial and shall not make any inducement, threat or undue
influence on the prosecution witnesses.
II. The petitioner/accused shall not repeat the commission of
any crime.

III. That the petitioner shall not leave the limits of the U.T of
J&K without prior permission of the SHO P/S Chari-I-
Sharief.

14.In case the requisite surety and personal bonds are respectively

furnished to the satisfaction of the learned Joint Registrar Judicial of

this Court and Superintendent Central Jail, Srinagar, the

petitioner/accused shall be released in the instant case from his

custody.

(MOHD YOUSUF WANI)
JUDGE
SRINAGAR:

16.01.2025
“Abdul Rashid”