Neeraj Jaiswal @ Romi v. Ut of J and K Th Police Station, Ramgarh, Samba

Bail App No. 351/2025

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

Case: Bail App No. 351/2025 c/w CRM(M) No. 1280/2025 Date of Pronouncement: 01.06.2025 Date of uploading: 02.06.2025

Neeraj Jaiswal @ Romi S/o Sh. Pawan Jaiswal R/o VPO Bhadsali District Una HP A/p Khandwala Vikas Nagar Gali No. 6, Amritsar Punjab

…..Petitioner

Through: Mr. Deepak Mahajan, Advocate.

Vs UT of J&K Through Police Station, Ramgarh District Samba, J&K

.…. Respondent

Through: Mr. Vishal Bharti, Dy. A.G with Mr. Vivek Matoo, Advocate.

CORAM:

HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE

(ORDER)

Bail App No. 351/2025 & CRM(M) No. 1280/2025

¶1The petitioner is seeking bail in connection with FIR No. 31/2023 of Police Station, Ramgarh registered under Sections 8/21(c)/22(c)/23(c)/25/27A/29(1) of the NDPS Act, 307/379/392/ 420/ 467 /468 IPC and 3/7/25 of Arms Act.

¶2The petitioner is also seeking quashing of the order dated 04 May 2024 passed by the learned Additional Sessions Judge, Samba ["the trial Court"], whereby formal charges for commission

Bail App No. 351/2025 c/w CRM(M) No. 1280/2025

of the aforementioned offences have been drawn against him along with the co-accused

¶3Precisely stated, the petitioner and co-accused are allegedly involved in smuggling of narcotics from across the border with the help of a Pakistani handler. In this process, in the intervening night of 11/12 June 2023, when accused were returning from the international border after receiving the consignment of huge commercial quantity of heroin, they allegedly made an attempt to commit murder and also resorted to commission of offence of theft and dacoity, etc. They are also found to be in possession of arms punishable under the provisions of Arms Act. Accordingly, a formal FIR under aforementioned Sections was registered and after completion of the investigation, the charge-sheet was laid before the trial Court and vide order dated 04 May 2024, the charges have been drawn up against the petitioner and the co-accused.

¶4Although the petitioner, in support of the bail application as well as the quashing petition, has taken various grounds to buttress the point that he is innocent and in no way connected with the commission of the alleged offences, however, when confronted with the specific point that the trial Court after taking into consideration the material collected during investigation which

Bail App No. 351/2025 c/w CRM(M) No. 1280/2025

prima-facie showed the complicity of the petitioner and co-accused has drawn the formal charges and the trial is going on, the learned counsel for the petitioner submitted that at this stage, if the trial Court may be directed to expedite the trial keeping in view the period of incarceration of the petitioner, he would be satisfied. Learned counsel further submits that in case cause survives and if so advised, he may be granted liberty to invoke the jurisdiction of this Court.

¶5The statement made by learned counsel for the petitioner is taken on record.

¶6In this view of the matter, Bail App No. 351/2025 along with CRM(M) No. 1280/2025 are disposed of at this stage with the direction to the trial Court to fix the short calendars and to conclude the trial with due dispatch within a period of three months. Petitioner is also granted liberty as prayed for.

¶7Disposed of.

¶8Let copy of this order be forwarded to the trial Court forthwith for compliance.

(SHAHZAD AZEEM) JUDGE JAMMU

01.06.2026/Tarun/PS