Jammu and Kashmir High Court
Bail App/180/2026 of GURPARTAP SINGH ALIAS PARTAP Vs UT OF J AND K TH STATION HOUSE OFFICER POLICE STATION SAMBA on 11 September 2026
of 3 Bail App. No. 180/2026 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Pronounced on: 11.09.2026 Uploaded on : 14.09.2026 Bail App. No. 180/2026 Gurpartap Singh alias Partap, Age 32 years, S/o Sh. Kashmir Singh, R/o Village Ran Singh Pandori, Tehsil and District Tarn Taran, Punjab
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Pronounced on: 11.09.2026
Uploaded on :
14.09.2026
Bail App. No. 180/2026
Gurpartap Singh alias Partap,
Age 32 years,
S/o Sh. Kashmir Singh,
R/o Village Ran Singh Pandori,
Tehsil and District Tarn Taran, Punjab
…..Petitioner
Through: Mr. Ranbir Singh Sekhon, Advocate
Vs
Union Territory of Jammu & Kashmir,
Through Station House Officer, Police Station Samba
.….Respondent
Through:
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
(11.09.2026)
01. Reeling under a serious apprehension that arrest of the petitioner is being intended by the Investigating Officer of FIR No. 0021/2022 dated 06.02.2022, registered by Police Station, Samba, Union Territory of J&K, the petitioner came forward with the present petition invoking Section 482 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, for pre-arrest bail. Serial No. 03 Regular List
02. The registration of FIR is with respect to alleged commission of offences under Sections 13/18/23/38 of the Unlawful Activities (Prevention) Act, 1967 read with Sections 8/21/22 of the Narcotic Drugs and Psychotropic Substances Act, (NDPS), 1985 and Sections 3/25 of Indian Arms Act, 1959, Section 14-A of the Foreigners Act, 1946 and Section 3 of the Enemy Agents Ordinance Svt. 2005 (1948 AD).
03. Considering the fact that FIR in reference is relatable to commission of offences under the Unlawful Activities (Prevention) Act, 1967, as such, the statutory bar, as envisaged under Section 43-D of The Unlawful Activities (Prevention) Act, 1967, comes into play in terms whereof provision of pre-arrest bail is not applicable in relation to any case involving the arrest of any person accused of having committed an offence punishable under the Unlawful Activities (Prevention) Act, 1967.
04. Ex facie, the FIR in reference does not bear any express reference to the petitioner’s name but it appears that in the course of investigation, the persons who have come to suffer arrest as suspects/accused persons are meaning to refer to the alleged involvement of the petitioner as well, though the petitioner is not privy to any such information except his apprehension of being arrested by the Police on account of the raid having been carried out at his residential premises in Village Ran Singh Pandori, Tehsil and District Tarn Taran, Punjab.
05. In the light of the aforesaid prohibition, this petition is to be held as not maintainable.
06. Learned counsel for the petitioner very fairly concedes to this scenario and seeks withdrawal of the petition without prejudice to any other right/remedy available at the disposal of the petitioner to be pursued. Accordingly, the present petition is dismissed as withdrawn with liberty granted to the petitioner to avail of an appropriate legal remedy.
(RAHUL BHARTI) JUDGE JAMMU
11.09.2026
SUNIL
Whether the order is speaking ? : Yes/No
Whether the order is reportable ? : Yes/No