'Continued Custody Not Warranted After Chargesheet Filing': Srinagar Court Grants Bail To Accused In Nowhatta Drugs Recovery Case
The defence argued that no contraband was recovered from the accused's personal possession or his residence and that he has no criminal antecedents.
Published : February 16, 2026 at 12:24 PM IST
Srinagar: A special court designated to hear cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Srinagar has granted interim bail to an accused, Sheikh Altaf Ahmad, in connection with the Nowhatta drugs recovery case.
The court observed that the alleged contraband quantity falls in the intermediate category and does not attract the stringent bail restrictions applicable to commercial quantity offences. The order was passed by Special Judge (NDPS Cases) Vinod Kumar in bail (application no. 427/2025) filed by Sheikh Altaf Ahmad, who is facing charges (in FIR no. 57/2025) registered at Nowhatta police station under Sections 8, 20, 22 and 29 of the NDPS Act.
According to the prosecution, the case dates back to November 16, 2025, when police during a naka checking at Malkha Chowk apprehended Hyder Javed Wani and recovered 3.040 kilograms of charas-like substance and 12 Tramadol Hydrochloride injections of 2 ml each from his possession. Police said that during questioning, Wani disclosed the involvement of Sheikh Altaf Ahmad, following which authorities claimed to have recovered an additional 722 grams of similar substance from a graveyard near the applicant’s locality. Another co-accused was subsequently arrested, and police reported the recovery of 1.114 kg of charas-like powder from near Makhdoom Sahib.
Police stated that the total recovery in the case amounted to 5.176 kg of charas-like substance along with 12 Tramadol injections. Forensic Science Laboratory reports dated December 2, December 4 and December 6, 2025, confirmed the seized substances as ganja and Tramadol Hydrochloride, according to court records.
According to the records, Sheikh Altaf Ahmad has remained in judicial custody since his arrest on November 18, 2025.
During the bail hearing, counsel for the accused argued that no contraband was recovered from the personal possession or residence of their client and that his alleged involvement was based on disclosure statements made by a co-accused. The defence further submitted that the applicant had no prior criminal antecedents and that the investigation in the case had already been completed and the chargesheet filed.
The defence also contended that the alleged quantity of ganja recovered in the case was above the threshold for small quantity but below the commercial quantity threshold prescribed under the NDPS Act. They argued that the Tramadol injections allegedly recovered also fell below the small quantity threshold.
After hearing both sides and examining the case record, the court observed that the total alleged recovery of ganja in the case was 5.176 kg, which falls between the small quantity limit of 1 kg and the commercial quantity threshold of 20 kg prescribed under the NDPS Act.
The court further noted that the stringent conditions for granting bail under Section 37 of the NDPS Act are applicable in cases involving commercial quantity and that those restrictions do not apply in the same manner where the alleged recovery falls within the intermediate quantity category.
The court also took note of the fact that the applicant had been in custody since November 18, 2025, and that the investigation had been completed with the chargesheet filed before the competent court. In its order, the court accordingly granted interim bail to Sheikh Altaf Ahmad.
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