SRINAGAR: The High Court of Jammu Kashmir and Ladakh at Srinagar has dismissed a petition filed by the Union Territory through Mattan Police Station challenging the bail granted to a man accused of cultivating opium poppy on one marla of land.
Justice Rajnesh Oswal, in an order dated September 1, 2026, held that there was no material indicating that the accused had violated any of the conditions imposed while granting him bail.
The accused, Ghulam Nabi Mir, was arrested on May 6, 2026, over allegations that he had cultivated an opium poppy crop on land measuring one marla.
The Special Judge, NDPS, Anantnag, initially granted him interim bail on May 29, which was subsequently made absolute on June 15, according to the High Court order.
The prosecution argued before the High Court that the accused had committed an offence punishable under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act. It submitted that the restrictions under Section 37 of the NDPS Act were not applicable in the case.
The prosecution also challenged the reasoning adopted by the Special Judge, who had observed that the allegation concerned limited cultivation and did not involve recovery of a commercial quantity of contraband.
The High Court noted that there was no allegation that Mir had breached the terms and conditions of his bail after being released.
The court also referred to the Special Judge’s observation that there was nothing on record to show or suggest that the accused had violated the bail conditions.
The High Court further observed that the rigours of Section 37 of the NDPS Act were admittedly not applicable in the case and that the bail application was required to be considered in light of Section 18(c) of the Act.
In view of the circumstances, Justice Oswal held that there was no reason to interfere with the bail order and dismissed the police petition as being without merit.
