HC grants bail to NDPS accused citing prolonged custody, slow trial

14/05/2026

JAMMU, May 13: The High Court of Jammu and Kashmir and Ladakh has granted bail to an accused in an NDPS case involving alleged recovery of 3 kilograms of heroin, observing that an undertrial cannot be kept in custody indefinitely when the trial is progressing at a slow pace.
Justice Rajesh Sekhri granted bail to Rameez Ahmed, a resident of Uri in Baramulla district, while hearing a bail application along with a petition challenging charges framed against him under various provisions of the NDPS Act.
The court, however, rejected the petitioner's plea seeking quashing of charges on the ground of alleged violation of Section 52-A of the NDPS Act relating to sampling and destruction of seized contraband.
According to the prosecution, the Narcotics Control Bureau had intercepted a Maruti Celerio vehicle near Barnai Morh on Akhnoor Highway on March 31, 2023 following specific information and allegedly recovered three packets containing heroin weighing around three kilograms.
The prosecution further claimed that the accused, in his statement under Section 67 of the NDPS Act, disclosed that the contraband had been supplied from Uri for transportation to Punjab.
The defence argued that the seized contraband and samples were allegedly destroyed in violation of statutory provisions and the 2022 rules governing seizure, storage and disposal of narcotic substances, thereby affecting the prosecution case.
After examining the record, the High Court held that the investigating agency had produced the case property before the competent court, representative samples had been drawn and the inventory certified prior to destruction of the contraband.
The court observed that the primary purpose of Section 52-A is safe disposal of seized contraband and that non-compliance by itself does not automatically render the evidence inadmissible or vitiate the trial.
Relying on Supreme Court judgments, the court held that recovery and conscious possession can still be proved through reliable oral and documentary evidence even if there is some procedural defect in compliance with Section 52-A.
Accordingly, the High Court dismissed the petition seeking quashing of charges, holding that the challenge was without merit.
While considering the bail plea, the court noted that the petitioner had remained in custody since April 1, 2023 and that only seven out of ten prosecution witnesses had been examined so far, with the trial likely to take considerable time for completion.
The court observed that the rigour of Section 37 of the NDPS Act cannot be invoked endlessly in a manner that defeats the fundamental right to speedy trial.
Granting bail, the High Court directed the petitioner's release on furnishing a solvent surety bond of Rs 1 lakh along with a personal bond before the jail authorities.
The court imposed conditions restraining the accused from tampering with evidence, influencing witnesses or leaving the Union Territory of Jammu and Kashmir without prior permission of the trial court.

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