Ut of J and K Th Police Station Katra v. Raj Singh

JUDGMENT (ORAL)

¶01The Sub-Divisional Police Officer (SDPO), Katra is petitioning this Court in the name of UT of Jammu & Kashmir through Police Station, Katra to challenge an order dated

16.05.2025 passed by the court of learned Principal Sessions Judge, Reasi granting bail in favour of the respondent-Raj Singh in relation to a criminal case referable to FIR No. 103/2025 for alleged commission of offences under sections 8/21/22 Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. Serial No. 168 Supplementary List-I

¶02The court of learned Principal Sessions Judge, Reasi came to grant the bail in favour of the respondent-Raj Singh in response to bail application submitted on file No. 54/2025 instituted on 10.04.2025.

¶03Said bail application was objected to by the Prosecution, but, nevertheless, the learned Principal Sessions Judge, Reasi was convinced that a case was made out for grant of bail in favour of the respondent-Raj Singh though of course subject to the terms and conditions set out.

¶04After a period of almost six months, it has occurred to the petitioner to feel bothered about the grant of bail to the petitioner, for which Govt. Order No. 15661-JK(LD) of 2025 dated 28.10.2025 came to be issued granting sanction for filing a petition under section 483(3) read with section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 before this Court and that is how the present petition has come to be instituted on 26.12.2025.

¶05The emphasis of the petitioner in seeking the quashment of the bail granting order is that the respondent-Raj Singh is a repeat offender and for that purpose reference is made to the fact that the respondent-Raj Singh was already booked in FIR No. 101/2023 for alleged commission of offences under sections 8/21/2022 Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

¶06The alleged factual backdrop in which the respondent-Raj Singh came to be booked in the FIR No. 103/2025 is that while he was on his way as a pedestrian he was frisked by a patrolling party led by ASI Pritam Singh at 1730 hours on 09.04.2025, whereupon the respondent-Raj Singh was found to be possessing 9.35 gms of heroine and that led to his booking.

¶07When confronted by this Court as to under which provision of law the patrol party was able to frisk the respondent as a pedestrian, Mr. Submit Bhatia, learned Govt. Advocate for the petitioner submits that the FIR No. 103/2025 does not make any such mention.

¶08This Court finds no merit in the petition filed by the UT of Jammu & Kashmir in questioning the grant of bail by the court of learned Principal Sessions Judge, Reasi, as such, the present petition is dismissed along with connected application.

(RAHUL BHARTI) JUDGE JAMMU

29.12.2025

Bunty

Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No

Jammu

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CrlM No. 2581/2025 Date of pronouncement : 29.12.2025 Uploaded on : 30.12.2025 UT of J&K ….Petitioner Through:- Mr. Sumeet Bhatia, GA. V/s Raj Singh …..Respondent Through:- \ CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE