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The Jammu & Kashmir and Ladakh High Court at Srinagar has declined to interfere with an order granting bail to Ghhlam Nabi Mir in a case concerning alleged cultivation of opium poppy on one marla of land.
Justice Rajnesh Oswal dismissed the Union Territory’s challenge, noting that the stringent conditions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) were not applicable in the case.
According to the order, Ghhlam 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, 2026, which was subsequently made absolute by a later order.
The Union Territory challenged the bail order before the High Court. Its counsel argued that the Special Judge had not assigned sufficient reasons while granting bail and had referred to the limited nature of the alleged cultivation rather than recovery of a commercial quantity of contraband.
The High Court examined the impugned order and noted that there was no allegation that the respondent had breached any of the conditions imposed when interim bail was granted. The Court also took note of the Special Judge’s observation that nothing on record suggested such a violation.
The High Court specifically 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.”
Considering the peculiar facts and circumstances, Justice Rajnesh Oswal found no reason to interfere with the bail order. The High Court held that the petition lacked merit and dismissed it.
Case Title: Union Territory Through Police Station Mattan v. Ghhlam Nabi Mir
Case Number: CRM(M) 696/2026, CrlM(1583/2026)
Judge: Justice Rajnesh Oswal
Decision Date: September 1, 2026
