Jammu & Kashmir High Court
Nazil Qadir vs Ut Of J&K on 20 February, 2026
03
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Bail App No. 297/2025
202
Nazil Qadir .....Petitioner(s)/Appellant(s)
q
Through: Mr. I.S. Dar, Advocate.
vs
UT of J&K .....Respondent(s)
Through: None.
CORAM: HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER (ORAL)
20.02.2026
01. The applicant, being aggrieved of order dated 07.10.2025 passed by learned Special Judge (NDPS Court), Jammu ["the trial court"], whereby his interim bail on health grounds came to be withdrawn, has invoked the indulgence of this Court.
02. Shorn of verbosity, background facts of the prosecution case are that a huge commercial quantity of 830 kgs of poppy straw came to be recovered from the conscious possession of the applicant. Vide order dated 14.10.2024, applicant came to be admitted on interim bail by the trial court on the basis of his medical condition. Thereafter, on 19.09.2025, the trial court directed for the constitution of a fresh Board. In compliance thereof, the Head of the Department of Psychiatry, Psychiatry Diseases Hospital, Government Medical College, Jammu constituted a Board for the psychiatric evaluation of the applicant and the hospital, vide its communication dated 03.10.2025, submitted that on the basis of detailed evaluation and review of records, though applicant is a diagnosed case of conversion disorder, however, on the basis of his current evaluation, he is fit to face trial. On the receipt of this report, the interim indulgence shown by the trial court came to be withdrawn.
03. Heard and perused.
2 Bail App No. 297/202504. Hon'ble Supreme Court in Asha Ram vs. State of Rajasthan; 2017 (1) RCR, Crl. 1016 SC, in a similar fact situation, declined bail to the accused whose condition in the medical report was described stable. The relevant excerpt of the judgment for the facility of reference has been extracted below:-
"....
the medical condition of the petitioner has been described as stable, and, as such there is no question of extending him the concession of bail on medical grounds...."
05. It is an admitted position of fact that as per current evaluation of the applicant by the Board of Doctors, no clear-cut features of active conversion disorder have been observed in the protocol. In the opinion of the Board, applicant is fit to face the trial. It appears from the final impression/assessment of the Medical Board that, as per current status of the applicant, treatment can be provided to him in jail itself and no inpatient treatment is required. He can be monitored and evaluated by the jail doctors on regular basis.
06. In similar circumstances, I do not find any illegality or impropriety in the order dated 07.10.2025 passed by the trail court, whereby interim arrangement in his favor came to be withdrawn. Hence, present petition is dismissed. Applicant is directed to immediately surrender before Superintendent of concerned jail.
07. Disposed of along with connected application(s).
08. Copy of this order be sent to learned trial court to ensure compliance.
(Rajesh Sekhri) Judge Jammu 20.02.2026 Abinash