UNION TERRITORY THROUGH POLICE STATION ACHABAL (POLICE / HOME) ILYAS NAZIR LAWAY vs FAIZAN RASHID MISGER AND ANOTHER — CRM(M)/276/2026

Case under Bharatiya Nagarik Suraksha Sanhita Section 528,483. Disposed: Contested--Disposed Off on 06th May 2026.

CNR: JKHC010020542026

CASE DISPOSED

e-Filing Number

04-05-2026

Filing Number

CRM(M)/491/2026

Filing Date

05-05-2026

Registration No

CRM(M)/276/2026

Registration Date

05-05-2026

Judge

HON'BLE MR. JUSTICE SANJAY DHAR

Coram

HON'BLE MR. JUSTICE SANJAY DHAR

Bench Type

SINGLE BENCH

Category

SB MISC CRIMINAL CASES ( 112 )

Sub-Category

MATTERS PERTAINING TO CANCELLATION OF BAIL ( 10 )

Judicial Branch

CRIMINAL CASES (Cr)

Decision Date

06th May 2026

Nature of Disposal

Contested--Disposed Off

Acts & Sections

Bharatiya Nagarik Suraksha Sanhita Section 528,483
NDPS ACT Section 8,21

Petitioner(s)

UNION TERRITORY THROUGH POLICE STATION ACHABAL (POLICE / HOME) ILYAS NAZIR LAWAY

Respondent(s)

FAIZAN RASHID MISGER AND ANOTHER

RAHIL BASHIR

Hearing History

Judge: HON'BLE MR. JUSTICE SANJAY DHAR

06-05-2026

FOR ADMISSION FRESH

Orders

06-05-2026
HON'BLE MR. JUSTICE SANJAY DHAR

Summary of CRM(M) 276/2026 The High Court of Jammu & Kashmir set aside the Special Judge's order making interim bail absolute for respondents arrested with intermediate quantity heroin under NDPS Act Sections 8/21. The court found the trial judge erred by: (1) inappropriately demanding hard copies of judgments from the prosecution when online resources are available; (2) failing to address the prosecution's argument that respondents were habitual offenders; and (3) making bail absolute solely because Supreme Court directs bail decisions within two months, without considering investigation stage or accused conduct. The court remanded the matter for fresh consideration of prosecution objections. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary of CRM(M) 276/2026 The High Court of Jammu & Kashmir set aside the Special Judge's order making interim bail absolute for respondents arrested with intermediate quantity heroin under NDPS Act Sections 8/21. The court found the trial judge erred by: (1) inappropriately demanding hard copies of judgments from the prosecution when online resources are available; (2) failing to address the prosecution's argument that respondents were habitual offenders; and (3) making bail absolute solely because Supreme Court directs bail decisions within two months, without considering investigation stage or accused conduct. The court remanded the matter for fresh consideration of prosecution objections. This case analysis is maintained by casestatus.in based on publicly available court records.

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