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Jammu & Kashmir High Court - Srinagar Bench
Union Territory Through Police Station ... vs Ishrat Ahmad Mir on 7 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
05
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Pronounced on 07.02.2026
Uploaded on : 07 .02.2026
Bail App No. 3/2025
UNION TERRITORY THROUGH POLICE STATION BARAMULLA
..... Petitioner(s)
Through: Mr. Hakeem Aman Ali, Dy. AG
V/s
ISHRAT AHMAD MIR ..... Respondent(s)
Through: None.
Coram:
Hon'ble Mr. Justice Rahul Bharti, Judge
ORDER
07.02.2026
1. The court of Additional Sessions Judge, Sopore by virtue
of an order dated 08.08.2024, came to admit an
undertrial-Isharat Ahmad Mir, the respondent herein, to
regular bail in a case titled "UT of J&K through Police
Station Sopore Vs. Isharat Ahmad Mir" related to FIR No.
30/2023 for the alleged commission of offences under
Sections 8 & 21 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
Page |2
2. The respondent- Isharat Ahmad Mir is a sole accused
undergoing trial in the said criminal case pending before
the court of Additional Sessions Judge, Sopore and was in
custody as an undertrial w.e.f 23.02.2023 before being
bailed out in terms of the said order dated 08.08.2024.
3. Enlargement of the respondent-Isharat Ahmad Mir on bail
was subject to terms and conditions as set out in para (21)
of said bail order which are being reproduced as under:
a) That the accused person shall not leave the Ut of J&K
without prior permission of this court or trial court.
b) That the accused person will not repeat the offence in
which they are shown involved.
c) That the accused person shall furnish his contact no. or
mobile no. and where about of his residence during the
period of bail.
d) That the accused person shall not directly or indirectly
coerce, intimidate or harass the prosecution witnesses or
try to influence them by any means.
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e) The learned APP shall be at liberty too apply for
cancellation of the bail in case of violation of any bail
condition.
4. Feeling concerned about the grant of bail in favour of the
respondent, the Department of Law, Justice and
Parliamentary Affairs, Government of UT of Jammu and
Kashmir, by virtue of Government Order No. 18608-LD
(ACQ) of 2024 dated 25.11.2024, accorded sanction for
filing of petition under Section 439(2) read with 482 of the
Code of Criminal Procedure, 1978 as was governing the
trial of the case at the relevant point of time, before this
Court for the intended purpose of seeking cancellation of
bail so granted.
5. Pursuant to the sanction so granted, the filing of the
present petition came to take place on 31.12.2024.
6. In terms of an order dated 03.01.2025, this Court came to
direct issuance of notice to the respondent at which
relevant point of time the respondent was a person no
more in judicial custody as an undertrial, but on bail.
Page |4
7. Taking notice of the fact that the appearance of the
respondent is not taking place pursuant to the notice
issued by this Court, in terms of order dated 29.10.2025,
bailable warrants to the amount of Rs. 10,000/- came to
be issued for securing the presence of the respondent and
for that SHO concerned was mandated to carry out the
service of bailable warrants upon the respondent.
8. The Registrar Judicial, High Court of Jammu & Kashmir
and Ladakh accordingly issued requisite bailable warrants
dated 30.10.2025 as directed and forwarded the same to
SHO Police Station, Sopore.
9. Police Station, Sopore has come up with return report
dated 10.11.2025 thereby reporting that in connection
with execution of the service of the bailable warrants so
issued by this Court with respect to respondent-Isharat
Ahmad Mir, it has come to be confirmed that he has been
taken into preventive detention custody and lodged in
District Jail, Kathua.
10. Accompanying said report of the Police Station, Sopore is
a slip of paper English written bearing reference that
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prisoner-Isharat Ahmad Mir S/o Ab. Kabir R/o Adipora,
Sopore, District Baramulla is lodged in District Jail
Kathua on 17.07.2025 by the order of Divisional
Commissioner, Kashmir No. DIVCOM-K/123/2025
dated 15.07.2025.
11. This Court has not issued bailable warrants to SHO Police
Station, Sopore for the purpose of empty return to apprise
back that the respondent-Isharat Ahmad Mir is lodged in
District Jail, Kathua. The mandate upon SHO Police
Station, Sopore was to execute the bailable warrants so
issued and despite knowing the fact that the respondent
was there to be served even if he was in custody, the SHO
Police Station, Sopore instead of bothering his legs to
undertake visit to the District Jail, Kathua for the purpose
of serving bailable warrants, returned the process to this
Court while sitting in his SHO Office, Police Station,
Sopore.
12. Obviously, the manner in which the SHO Police Station,
Sopore has ridiculed the process of this Court renders him
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unamenable to suffer criminal contempt because of
interference with the administration of Justice.
13. This court directs SHO Police Station, Sopore, to appear
in person.
14. Copy of this order be provided under the seal and
signature of Bench Secretary to Mr. Aman Ali, learned
Dy. AG for the sake of notice and compliance at the end
of the SHO Police Station, Sopore for his personal
appearance on next date of hearing.
15. List on 20.02.2026.
(Rahul Bharti)
Judge
SRINAGAR
07.02.2026
Aasif
