FSL Report Missing, Causes Doubts On Quantity Being Commercial: J&K High Court Grants Bail In NDPS Case

The Jammu and Kashmir High Court granted bail to an accused under the NDPS Act, observing that the prosecution failed to establish prima facie possession of commercial quantity of contraband drugs due to gaps in investigation and absence of crucial FSL reports.

A bench of Justice Sanjay Dhar allowed the bail application after noting that only 3 out of 11 bottles of alleged codeine syrup seized from the accused were sent for chemical analysis, leaving serious doubts about whether the remaining bottles contained any contraband substance.

According to prosecution raid was allegedly conducted under the supervision of an executive magistrate. However, the magistrate later deposed that he was not part of the raid and only sealed the samples presented by police, a fact that court said “prima facie creates a dent in the prosecution story.”

The court stressed that "at the stage of bail, meticulous examination of evidence is impermissible," but a cursory review of the evidence suggested reasonable grounds to believe that the petitioner may not be guilty of possessing commercial quantity of narcotics.

The court said that the prosecution failed to bring any material on record suggesting that the petitioner had a prior history of drug-related offences or was likely to repeat the offence if granted bail.

The court noted that the petitioner has been in judicial custody for over two years and only two prosecution witnesses i.e., an FSL expert and Investigating officer remain to be examined. The court said that tampering with such official witnesses is unlikely.

The court thus enlarged the petitioner on bail upon furnishing a personal bond of ₹50,000 with two sureties

BACKGROUND

The petitioners have sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with FIR registered alleging offences under Sections 8/21 and 29 of the NDPS Act. The case is currently pending before the Special Judge, Srinagar.

As per the prosecution police received credible information that the petitioner and co-accused were involved in drug trafficking, including the sale of narcotic substances to children.

Fearing that the accused might relocate the drugs, FIR was registered, and the Executive Magistrate was roped in for conducting a house search.

During the search, 11 bottles of codeine (a psychotropic substance) were recovered and seized. Witness statements under Sections 161 and 164 CrPC were recorded, and FSL report confirmed the presence of narcotic content.

Based on the FSL report and evidence, a charge sheet was filed before the trial court, formally implicating the petitioners under the NDPS Act.

APPEARANCE

Abu Owais Pandit, Advocate For Petitioner

Faheem Nisar Shah, GA. Maha Majeed, Assisting Counsel For Respondents

Case-Title: TOUSEEF AHMAD KHAN Vs UT OF J&K & another

Citation: 2025 LiveLaw (JKL) 239

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