The High Court dismissed the State's petition challenging bail granted under the NDPS Act. The Court noted the bail order was from May 26, 2026 regarding FIR No. 32 of 2026.
Bail granted to respondents under orders dated 26.05.2026.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S. No. 197 Suppl. List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) No. 706/2026
UT through Police Station Qaimoh …Petitioner(s)
Through: Mr. Zahid Qais Noor, GA.
Vs.
Fayaz Ahmad Dar and Anr.
...Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER
02.09.2026
01. The respondents were granted bail in terms of Order dated 26th May, 2026 in FIR No. No. 32 of 2026 under Section 8/21, 29 NDPS. The quantity of the contraband allegedly recovered from the respondents does not fall within the category of commercial category and, as such, rigours of Section 37 of NDPS Act are not applicable.
02. After examining the impugned order, this Court does not find any reason to show indulgence. This petition lacks merit and is, accordingly, dismissed.
(RAJNESH OSWAL)
JUDGE
SRINAGAR:
02.09.2026
“ Shamim Dar ”
2 issues framed by the court
Whether the State was entitled to challenge the bail granted to the respondents under the NDPS Act.
Whether quantity of contraband being non-commercial makes Section 37 applicable.
2 provisions across 2 enactments
UT through Police Station Qaimoh
Fayaz Ahmad Dar and Anr.
Rajnes Oswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
