Srinagar, July 29: The Special Court for NDPS Cases, Srinagar, has acquitted two accused in a 2022 narcotics case registered at Police Station Budgam, holding that the prosecution failed to establish their conscious and exclusive possession of the alleged contraband beyond reasonable doubt.
Special Judge (NDPS Cases) Vinod Kumar pronounced the judgment on July 29, acquitting Shahnawaz Qadir Ganie of Hyderpora and Mohd Ayoub Sofi of Channa Mohalla, Hyderpora, presently residing at Narkarah, Budgam.
The case arose from FIR No. 207/2022 registered under Sections 8/20, 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act.
According to the prosecution, police received information on June 23, 2022, about the alleged involvement of the accused in the trade of charas and contraband medicinal preparations. A search was subsequently conducted at the house of the first accused in the presence of an Executive Magistrate and other officials.
The accused, Shahnawaz Qadir Ganie of Hyderpora and Mohd Ayoub Sofi of Channa Mohalla, Hyderpora, currently residing at Narkarah, Budgam, were represented by a defence team comprising Advocates Anil Raina, Mir Urfi, Waheed Dar, Zia-Ul-Rehan, Aqib Farooq and Bushra.
Police claimed to have recovered a charas-like substance, 15 bottles of an unlabelled medicinal preparation allegedly containing codeine and ₹1.39 lakh in cash.
However, the court found several gaps in the prosecution case, including discrepancies regarding the recovery, identification, weighing, sealing and transportation of the seized material.
The court noted that the supervising Magistrate had disowned the alleged recovery from the persons of the accused. It also pointed to an unexplained six-day delay in sending samples to the laboratory and deficiencies concerning the carrier and receipt.
Significantly, only two of the 15 bottles allegedly recovered were tested, while the remaining 13 were not subjected to examination.
The court held that while individual discrepancies might not have been fatal, their cumulative effect created serious doubts about the prosecution case.
It also found that the identity of the case property and an unbroken chain of custody from seizure to the laboratory had not been established.
Relying on Supreme Court judgments, including Noor Aga and State of Punjab v. Baldev Singh, the court stressed that statutory safeguards under the NDPS Act must be strictly followed.
The court also held that the alleged conspiracy under Section 29 of the NDPS Act had not been proved.
Accordingly, Ganie and Sofi were acquitted of the charges by extending to them the benefit of doubt and were discharged from their bail bonds.
The court directed that the seized material and samples be preserved until expiry of the appeal period and thereafter dealt with in accordance with law. The seized cash of ₹1.39 lakh was also ordered to be dealt with according to law after the appeal period.
