J&K And Ladakh HC Denies Bail In Heroin Case Despite 2.5 Years In Custody, Citing Alleged ₹5,000 Financing Link Under NDPS Act

In brief

The question

Whether the petitioner should be granted bail in light of the alleged financial link to the narcotics-trafficking operation and the absence of recovery from his possession.

The court held

The Court declined to grant bail, finding that the first condition under Section 37 of the NDPS Act was not satisfied and that no legal ground had been shown for release.

It also directed

The bail petition was dismissed.

01Facts

The petitioner sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case arising from FIR No. 17/2023, registered for alleged offences under Sections 8, 21, 27 and 29 of the NDPS Act and Section 201 IPC.

p. 1 · ¶ 1

The prosecution alleged that the petitioner financed narcotics trafficking, relying in part on a transfer of Rs. 5,000 from his account to a co-accused’s account, which was then transferred to the principal accused.

p. 4 · ¶ 6 · p. 5 · ¶ 8

The petitioner denied involvement, contended that no contraband was recovered from him and that the financial transactions had an innocent explanation. He also relied on his custody of approximately two years and five months and the examination of 18 of 33 prosecution witnesses. The Special Court (NDPS Cases), Srinagar had rejected his bail application on 5 August 2025.

pp. 2–3 · ¶ 2–3 · p. 2 · ¶ 2

02Issues

i.Whether the petitioner should be granted bail in light of the alleged financial link to the narcotics-trafficking operation and the absence of recovery from his possession.

pp. 4–6 · ¶ 7–12

ii.Whether the restrictions under Section 37 of the NDPS Act precluded bail, and whether the petitioner’s period in custody and the progress of the trial warranted release.

pp. 6–7 · ¶ 13–15

03Law Applied

Section 483 of the BNSS, 2023 provides the procedural basis for the bail application.

p. 1 · ¶ 1

Under Section 37 of the NDPS Act, where the alleged offence involves a commercial quantity, bail is subject to the cumulative conditions that the Court be satisfied there are reasonable grounds for believing the accused is not guilty and that the accused is not likely to commit an offence while on bail.

p. 6 · ¶ 13

At the bail stage, the Court makes a prima facie assessment and does not conduct a meticulous examination of evidence or determine guilt or innocence.

p. 5 · ¶ 9

Provisions in the judgment · 9 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 8 Section 19 Section 21 Section 24 Section 27 Section 29 Section 37

Indian Penal Code, 1860 Section 201

04Reasoning

The Court treated the alleged transfer of Rs. 5,000, followed by its onward transfer to the principal accused, as material potentially connecting the petitioner to the alleged financing of narcotics trafficking.

pp. 4–5 · ¶ 6, 8

It held that the absence of a recovery from the petitioner did not, by itself, displace the prosecution’s case, and that the competing explanations for the financial transactions required assessment at trial.

pp. 6–7 · ¶ 11–12

Given the alleged involvement in trafficking a commercial quantity of heroin, the Court applied Section 37 and found that the material did not permit it to conclude that there were reasonable grounds for believing the petitioner was not guilty. It further held that the custody period and trial progress did not justify bail on the circumstances presented.

pp. 6–7 · ¶ 13–14 · p. 7 · ¶ 15

05Holding

The Court declined to grant bail, finding that the first condition under Section 37 of the NDPS Act was not satisfied and that no legal ground had been shown for release.

p. 7 · ¶ 14–16

The bail petition was dismissed.

p. 7 · ¶ 16

LawLens.Jammu and Kashmir High Court

Original Court PDF