Section 37 NDPS Act Rigours Not Applicable To Limited Cultivation Of Opium Poppy: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has dismissed a petition filed by the Union Territory challenging the bail granted to an accused allegedly involved in cultivation of opium poppy, observing that the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not applicable to the case.
The Court found no reason to interfere with the order granting bail, particularly as there was no allegation that the respondent had violated any of the bail conditions.
A Bench of Justice Rajnesh Oswal, while dismissing the petition, observed,
"Admittedly, the rigours of Section 37 of NDPS were not applicable in the instant case and the bail application ought to have been considered solely taking into consideration the provisions of Section 18(c) of the NDPS Act."
The Court further observed,
"In the peculiar facts and circumstances of the case, this Court does not find any reason to interfere."
The Court was hearing a petition filed by the Union Territory challenging the order passed by the Special Judge, NDPS, Anantnag, whereby interim bail granted to the respondent, Ghulam Nabi Mir, was made absolute.
The respondent was arrested on the allegations that he had cultivated an opium poppy crop on a land measuring 01 marla. He was granted interim bail by the Court of the Special Judge which was subsequently made absolute.
The petitioner-Union Territory contended that the Special Judge, while granting bail, had observed that the allegation pertained to limited cultivation and not to recovery of commercial quantity of the contraband, and that no reason had been assigned by the Special Judge while granting bail.
Court's Observation
The High Court examined the record and noted that the petitioner was enlarged on interim bail vide order dated 29.05.2026. The Court observed that there was no whisper that the respondent, after being granted bail, had violated the terms and conditions imposed by the Court of the learned Special Judge, NDPS, Anantnag.
The Court noted that though the Special Judge, while making the interim bail absolute, had observed that as per the direction of the Supreme Court in Anna Waman Bahalerao v. State of Maharashtra, all bail applications are to be decided within two months from the date of institution, he had also observed that there was nothing on record to show or suggest that the respondent had violated the bail conditions.
The Court observed,
"Admittedly, the rigours of Section 37 of NDPS were not applicable in the instant case and the bail application ought to have been considered solely taking into consideration the provisions of Section 18(c) of the NDPS Act."
The High Court thus dismissed the petition, finding no reason to interfere with the order granting bail in the peculiar facts and circumstances of the case.
"Be that as it may, in the peculiar facts and circumstances of the case, this Court does not find any reason to interfere. The present petition is found to be without merit and the same is, accordingly, dismissed.", the court concluded.
Case Title: Union Territory through Police Station Mattan v. Ghulam Nabi Mir
Citation: 2026 LiveLaw (JKL) 326