Disposed

Union Territory through Police Station Sumbal (Police / Home) v. Mushtaq Ahmad Bhat and Anr.

J&K HC9 Sept 2026Bail App/242/2025

Case brief

AI extract

What is this about?

In a petition by the UT of J&K to cancel interim bail for accused under NDPS Act, the single judge held the petition was not maintainable without exhausting remedies before the Trial Court. The petition was disposed with liberty to approach the Trial Court.

What did the court decide?

Disposed with liberty to approach the Trial Court to avail the statutory remedy.

Union Territory through Police Station Sumbal (Police / Home)… — Narcotics (NDPS) | J&K HC (2026)

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Serial No. 05 Regular Cause List

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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Bail App No. 242/2025

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Union Territory of Jammu & Kashmir, Trough SHO Police Station, Sumbal, Bandipora.

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… Petitioner(s)

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Through: -

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Mr Jehangir Ahmad Dar, Government Advocate. V/s

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1. Mushtaq Ahmad Bhat S/O Mohd. Sultan Bhat R/O Bazipora, Ajas, Bandipora.

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Zakir Hussain Chichi S/O Late Mohd. Abdullah Chichi R/O Bazipora, Ajas, Bandipora.

… Respondent(s)

Through: - None.

CORAM:

HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE. (ORDER)

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09.09.2026

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Heard learned Counsel appearing for the Petitioner-UT.

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The Petitioner-Union Territory of Jammu & Kashmir has invoked the jurisdiction of this Court seeking cancellation of Order dated 26^th of March, 2025 passed by the Court of learned Principal Sessions Judge, Bandipora (for short “the Trial Court”), whereby the Respondents herein were granted interim bail in connection with FIR No. 88/2022 of Police Station Sumbal, for the commission of offences punishable under Sections 8/21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NPDS Act).

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The contention of the Petitioner is that, while granting interim bail to the Respondents, the Trial Court did not take into consideration the parameters as envisaged under law as also the gravity of the offences alleged to have been committed by the Respondents.

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Bail App No. 242/2025

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Page 2 of 2

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Admittedly, the Respondents herein were admitted to interim bail and the matter was still pending on the docket of the Trial Court, when this Petition was filed. Therefore, the Petitioner was required to first exhaust the remedy before the Trial Court, which has granted the interim bail in favour of the Respondents, instead of invoking the jurisdiction of this Court.

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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.

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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, in tune with the mandate of law governing the subject.

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Bail App is, thus, disposed of on the above terms.

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(M. A. CHOWDHARY) JUDGE

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SRINAGAR

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September 9^th , 2026

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“TAHIR”

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Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document

Union Territory through Police Station Sumbal (Police / Home) v. Mushtaq Ahmad Bhat and Anr.

Case brief

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Union Territory through Police Station Sumbal (Police / Home) v. Mushtaq Ahmad Bhat and Anr.

Case brief

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