The Jammu & Kashmir and Ladakh High Court cancelled bail in a prosecution alleging recovery of over 24 kilograms of ganja because the trial court had not meaningfully applied Section 37 NDPS Act’s twin conditions for commercial quantity.
Judge / Bench — Justice M. A. Chowdhary
Absence of post-bail misconduct did not save an order challenged as unlawful when made: setting aside an illegal or perverse grant is distinct from cancellation for subsequent misuse of liberty. The accused was directed to surrender within two weeks, with liberty to seek bail afresh on its merits and any changed circumstances. The ruling concerns the legality of the bail order, not guilt. For counsel, the grounds and evidence must match the particular cancellation route, with explicit attention to the statutory satisfaction recorded.
Case — UT of J&K, through Police Station Awantipora v. Shabir Ahmad Dar · Bail App. 12/2026 · 5 October 2026 · Srinagar wing
Advocates appearing — Petitioner/UT — GA Jehangir Ahmad Dar, with AC Nadia Abdullah. Respondent — Adv. Shabir Ahmad Dar.