J&K High Court Grants Bail to Accused in Drug Trade Case After Two Years in Jail

STC Legal Desk
Srinagar, June 10 (STC): In a significant development, the High Court of Jammu & Kashmir and Ladakh has granted bail to Touseef Ahmad Khan, an accused in an illicit drug trade case, who had been under judicial custody for over two years. The bail was granted by Justice Sanjay Dhar on June 6, 2025, citing lack of conclusive evidence and delays in the trial.

Khan had been arrested on April 2, 2023, under FIR No. 37/2023, registered at Police Station Batamaloo, for alleged offences under Sections 8, 21, and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He was represented by Advocate Abu Owais Pandit.

The petitioner sought bail on the grounds that all material witnesses had already been examined, with only the Investigating Officer and the Forensic Science Laboratory (FSL) expert remaining. His counsel argued that the evidence presented so far did not establish his guilt, and emphasized that Khan had no previous criminal record nor any indication that he might reoffend.

The Court observed discrepancies in the prosecution’s case, particularly regarding the recovery of 11 bottles of codeine from Khan’s premises. According to the statement of the Executive Magistrate, who was supposed to lead the raid, he did not accompany the police but merely sealed the samples brought to him. Furthermore, out of the 11 seized bottles, only three were sent to the FSL, leaving the contents of the remaining eight unverified.

Justice Dhar noted, “Prima facie, the statement of the Executive Magistrate creates a dent in the prosecution story.” He added that in the absence of chemical analysis for the remaining bottles, it could not be conclusively stated that Khan was in possession of a commercial quantity of contraband.

The Court emphasized that while bail decisions should not involve a meticulous examination of trial evidence, even a cursory review of the prosecution’s case raised serious doubts about the accused’s guilt. The judgment stated that the prosecution had failed to show any criminal history or risk of reoffending if Khan was released on bail.

“In light of the legal position and facts of the case, the petitioner has succeeded in carving out a prima facie case for grant of bail,” the court ruled.

Bail Conditions Include:
1. Furnishing a personal bond of ₹50,000 with two sureties of the like amount.
2. Appearing before the trial court on all hearing dates.
3. Not leaving the Union Territory of J&K without court permission.
4. Avoiding contact with prosecution witnesses or tampering with evidence.
5. Abstaining from any similar unlawful activities.

The Court also expressed concern over the prolonged judicial custody of the petitioner, stating that with only two government witnesses yet to be examined, there was little risk of interference.

This judgment underscores the judiciary’s emphasis on fair trial and due process, especially in cases where evidence does not strongly support the charges.(STC)