SRINAGAR: The High Court of Jammu Kashmir and Ladakh has granted bail to a Karnah resident accused in a high-profile narcotics smuggling case, observing that disclosure statements of co-accused and mobile call records alone were insufficient to establish involvement in a drug trafficking conspiracy under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Justice MA Chowdhary passed the order while allowing a bail application filed by Abdul Rashid Kohli, a resident of Dragger, Karnah in Kupwara district, who is facing trial in FIR No. 17/2023 registered at Police Station Rajbagh, Srinagar, under Sections 8/21, 27-A and 29 of the NDPS Act and Section 201 of the IPC.
The case relates to the seizure of 11 kilograms of heroin and Rs 11.82 lakh in cash from a rented accommodation at Kursoo Bund, Rajbagh, on April 6, 2023. Two accused were arrested from the spot, while Kohli was later implicated during investigation on the basis of disclosure statements made by co-accused persons.
The prosecution alleged that the accused were part of a cross-border narcotics network that sourced heroin from a handler based in Pakistan-occupied Jammu and Kashmir and transported it from Karnah to Srinagar for distribution.
Opposing bail, the prosecution argued that Kohli was involved in transporting and facilitating the narcotics trade and that photographs and call detail records linked him to the alleged conspiracy. It further submitted that his release could pose a risk, given his proximity to the Line of Control area in Karnah.
Counsel for the petitioner, however, contended that no contraband was recovered from Kohli and that the case against him was based solely on disclosure statements of co-accused and phone call records, which did not establish criminal conspiracy.
After examining the material on record, the High Court noted that no commercial quantity of narcotics had been recovered from the petitioner and that the evidence was limited to disclosure statements and mobile call logs.
The court held that call detail records, in the absence of supporting voice recordings or transcripts, were insufficient to establish a link to drug trafficking.
Relying on the Supreme Court judgment in Tofan Singh vs State of Tamil Nadu and a Delhi High Court ruling in Vinay Dua vs State (NCT of Delhi), the court observed that statements of co-accused and WhatsApp chats or call records alone could not justify denial of bail under the stringent provisions of Section 37 of the NDPS Act.
“Call logs alone cannot prove a criminal conspiracy for the sale or transportation of drugs,” the court observed.
The High Court further held that the stringent conditions for bail under Section 37 of the NDPS Act were not attracted in the present case.
Accordingly, Kohli was ordered to be released on bail subject to conditions including furnishing a bail bond of Rs 50,000 with surety, surrendering his passport, sharing his active mobile number with police, and providing daily Google Pin location updates to the concerned Station House Officer.
The court also directed him not to influence witnesses or tamper with evidence during the trial.
The case is currently pending before the Special Judge, NDPS Cases, Srinagar, where 18 of the 33 prosecution witnesses have been examined so far.
