SRINAGAR: In a major development in the Kashmir heroin smuggling case, the High Court of Jammu Kashmir and Ladakh has granted bail to a Karnah resident accused in an alleged cross-border narcotics trafficking network, observing that mobile call records and disclosure statements alone are insufficient to establish criminal conspiracy under the NDPS Act.Justice MA Chowdhary passed the order while allowing the bail application of Abdul Rashid Kohli, a resident of Dragger Karnah in Kupwara, who is facing trial in FIR No. 17/2023 registered at Rajbagh Police Station Srinagar under Sections 8/21, 27-A and 29 of the NDPS Act along with Section 201 IPC.The case relates to the seizure of 11 kilograms of heroin and ₹11.82 lakh 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.According to the prosecution, the accused were allegedly part of a cross-border drug smuggling network operating between Karnah and Srinagar, with heroin reportedly sourced from a handler based in Pakistan-occupied Jammu and Kashmir.Opposing bail, the prosecution argued that photographs and call detail records linked Kohli to the alleged NDPS conspiracy and claimed his release could pose security concerns due to Karnah’s proximity to the Line of Control.However, the defence counsel contended that no narcotics were recovered from Kohli and that the case against him relied solely on disclosure statements and phone call records without any direct evidence proving involvement in drug trafficking activities.After examining the material on record, the High Court observed that no commercial quantity of narcotics had been recovered from the petitioner and that the evidence presented was limited to disclosure statements and mobile call logs.The court further ruled that call detail records without supporting voice recordings or transcripts cannot independently establish involvement in narcotics trafficking or criminal conspiracy.Relying on the Supreme Court judgment in Tofan Singh vs State of Tamil Nadu and the Delhi High Court ruling in Vinay Dua vs State (NCT of Delhi), the court observed that disclosure statements of co-accused, WhatsApp chats, and call records alone cannot 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 held that the stringent conditions for bail under Section 37 of the NDPS Act were not attracted in the present case and accordingly ordered Kohli’s release on bail subject to conditions.The accused has been directed to furnish a bail bond of ₹50,000 with surety, surrender his passport, share his active mobile number with police authorities, and provide daily Google Pin location updates to the concerned SHO. The court also directed him not to influence witnesses or tamper with prosecution evidence during trial.The case is currently pending before the Special Judge NDPS Cases Srinagar, where 18 out of 33 prosecution witnesses have been examined so far.
Leave a Reply