Srinagar, Dec 11 - The Jammu & Kashmir High Court on Thursday refused bail to two men accused of playing key roles in a narcotics network allegedly responsible for moving an 11-kg heroin consignment through Karnah into Srinagar. The hearing, held before Justice Sanjay Dhar, moved at a steady pace as the bench sifted through what it described as a “deeply connected money trail and communication chain” linking the accused to the drug haul.
Background
The case goes back to April 2023, when police received a tip-off about suspicious movement at a rented room in Kursoo Rajbagh. A raid followed, and officers allegedly recovered 11 packets of heroin hidden under a bed, along with cash amounting to ₹11.82 lakh.
Two men present at the spot reportedly named several others-including petitioners Gairat Ali Bajad and Khayal Shafi-as part of a wider network that ferried drugs from Karnah to Srinagar and distributed them locally. Investigators later claimed they traced vehicle ownership, call records, and bank deposits that pointed toward financing of the narcotics trade.
The petitioners, however, insisted that they were being implicated solely on the basis of disclosure statements made in police presence, which are ordinarily inadmissible unless they lead to a verifiable discovery. Their counsel argued that minor bank transfers and call data alone could not justify prolonged incarceration.
Court’s Observations
Inside the courtroom, Justice Dhar appeared unmoved by the defence’s attempt to detach the accused from the larger chain of events.
“The bench observed, ‘Section 37 of the NDPS Act places strict limits on bail, and unless there are reasonable grounds to believe the accused is not guilty, the relief cannot be granted.’”
The court highlighted a key point: one co-accused’s disclosure led investigators to verify a ₹15,000 transfer from petitioner Gairat Ali’s account, allegedly tied to sale proceeds of the seized heroin. Because that information resulted in a confirmed discovery, the judge said, it fell under the Evidence Act’s exception and could not be ignored.
Likewise, the money trail involving petitioner Khayal Shafi-cash deposits of over ₹5.7 lakh and further transfers within a tight 23-day period-raised what the court described as “strong indications” of participation in financing the drug operation.
The judge also noted that while call records alone cannot prove guilt, they significantly strengthened the prosecution’s narrative that the accused were in “constant touch” with others involved, including a Pakistan-based handler.
Decision
Concluding the hearing, Justice Dhar said the court did not find “credible grounds” to believe the petitioners were not involved.
“Given the commercial quantity recovered and the rigours of Section 37, bail cannot be granted at this stage,” the bench held.
Both bail applications were dismissed.
Case Title: Gairat Ali Bajad & Khayal Shafi Badhana vs. UT of J&K
Case Type: Bail Applications
Case Numbers: Bail App No. 173/2025 & Bail App No. 211/2025
Date of Judgment/Order: 11 December 2025
