 Early Times Report
Jammu, Jan 15: The Special Judge, NIA Cases, Jammu Prem Sagar on January 15, 2026 rejected the second regular bail application of Abdul Momin Peer, observing that his release could lead to influencing key witnesses and hamper the trial.
The applicant is facing trial under Sections 8, 21, 25 & 29 of the NDPS Act, Section 120-B IPC and Sections 17, 38 & 40 of the UA(P) Act.
Advocates Tanisha and Umar A. Andrabi, appeared for the accused argued that he has been in custody for nearly five years, that material seizure witnesses have already been examined, and that the prosecution evidence recorded so far does not make out a case against him. The defence also invoked the right to speedy trial, stating the case involved a very large number of witnesses.
NIA’s stand: Opposing bail, the NIA stressed the statutory bar under Section 43-D(5) of UAPA and the embargo under Section 37 of the NDPS Act, submitting that the accused could flee or tamper with evidence if released.
As recorded in the order, Peer was arrested on June 11, 2020 during checking at Kairo bridge, when police claimed recovery of Rs 20 lakh (Rs 500 x 4000 notes) and six packets of heroin totaling 6.200 kg from his white Creta. An FIR was registered at PS Handwara under the NDPS Act.
The order further notes that, based on alleged disclosures, a further seizure of Rs 1.15 crore and 21 kg heroin was effected from other co-accused, and proceeds from drug sale were suspected to be pumped to the proscribed Lashkar-e-Taiba (LeT). The case was re-registered as RC-03/2020/NIA/JMU dated June 23, 2020 on the direction of the MHA.
Trial status and court’s view: The court recorded that 14 witnesses (including an approver) have been examined so far and other important witnesses are yet to depose. Considering the gravity of allegations and the stage of trial, the court held there is every likelihood that the accused, if released, may influence key witnesses, and therefore declined bail at this stage.
The applicant was represented by Ms Tanisha and Mr Umar A. Andrabi, Advocates; the NIA was represented by SPP Mr K.S. Pathania and PP Mr Chandan Kumar Singh. (JNF) |
