Srinagar, Apr 10: A Srinagar man, arrested in 2022 for allegedly carrying a large quantity of banned drugs, has been acquitted by the Special Narcotic Drugs and Psychotropic Substances (NDPS) court due to significant procedural lapses and the prosecution’s failure to provide sufficient evidence linking the seized items to the accused.
Aijaz Ahmad Bhat, a resident of Budoo Bagh in Khanyar, was arrested on July 9, 2022, by a police patrolling team from Police Station Khanyar.
According to the police, Bhat was spotted carrying a white bag near the Budoo Bagh crossing and allegedly attempted to flee upon seeing the officers. Upon search, the police claimed to have recovered 40 bottles of Corex, 211 capsules of Spasmo Proxyvon, a mobile phone, and Rs 18,150 in cash.
An FIR (No. 37/2022) was filed under Section 8/21 of the NDPS Act, and Bhat was subsequently sent to Central Jail Srinagar.
The charges were framed after preliminary arguments, and the accused pleaded not guilty, opting for a trial.
During the trial, the prosecution presented seven witnesses, including the investigating officer (IO), magistrate, forensic analyst, and the policemen involved in the alleged recovery. However, the court found several inconsistencies and procedural flaws that undermined the credibility of the prosecution’s case.
The FSL report confirmed that the seized items contained codeine and tramadol, both banned under the NDPS Act. However, the court noted that the batch numbers, sample details, and markings were missing — making it impossible to verify if the tested samples were the same as those recovered.
The court also pointed out that the police showed only 39 bottles in court, though they claimed to have recovered 40 — a discrepancy left unexplained.
Despite the recovery allegedly taking place near shops and homes, no civilian witnesses were included — which violates Section 100(4) of CrPC. Policemen admitted that shopkeepers were present, but none were brought as witnesses.
Moreover, prosecution witnesses contradicted each other on the exact location of the arrest — with one referring to Dawood Bridge and another to Rada Pora, Khanyar.
“Here, bottles were neither marked nor sealed on the spot, and IO’s signatures were missing,” the court concluded that this raised serious doubt on the authenticity and integrity of the recovered items.
The police also recovered Rs 18,150 in cash and a mobile phone from the accused. However, the court noted that no evidence or investigation linked these items to drug trafficking, making them irrelevant to the charges.
“In light of the evidence and law, the prosecution has not proven the offence under Section 8/21 beyond reasonable doubt,” the judgment read. “The accused, Aijaz Ahmad Bhat, is entitled to acquittal.”
The court ordered that Aijaz Ahmad Bhat be released immediately if not required in any other case. It also directed that the seized contraband be disposed of as per law and that the case file be archived for record purposes.
