Srinagar- The High Court of J&K and Ladakh has rejected the bail applications of two accused in a contraband drug case, holding that it was not mandatory for the Investigating Agency to send samples from all 38 bottles allegedly recovered from them to the Forensic Science Laboratory (FSL).

“The question that arises for determination is whether, in these circumstances, it was obligatory for the Investigating Agency to send samples from each of the 38 recovered bottles for chemical analysis. The answer is an emphatic 'no', as all the bottles contained a similar solution from the same batch. Therefore, one sealed bottle from the recovered lot would, prima facie, constitute a representative sample of the entire seizure,” observed a bench of Justice Sanjay Dhar while dismissing the bail plea of Rouf Ahmad Ganie and Rayees Ahmad Wani.

The duo is in custody in connection with FIR No. 74/2023, registered under Sections 8/21 and 29 of the NDPS Act at Police Station Qazigund. The trial is underway before the Court of the Special Judge (NDPS Cases), Anantnag.

According to the prosecution, on April 25, 2023, a police patrol near Nasoo Badragund Crossing intercepted two individuals moving suspiciously with a polythene bag. On noticing the police party, both allegedly attempted to flee but were apprehended. A search of the bag led to the recovery of bottles of codeine, the prosecution stated. The arrested individuals were identified as the petitioners, Rouf Ahmad Ganie and Rayees Ahmad Wani.

According to the prosecution, on April 25, 2023, a police patrol near Nasoo Badragund Crossing intercepted two individuals moving suspiciously with a polythene bag. On noticing the police party, both allegedly attempted to flee but were apprehended. A search of the bag led to the recovery of bottles of codeine, the prosecution stated. The arrested individuals were identified as the petitioners, Rouf Ahmad Ganie and Rayees Ahmad Wani.

“When it comes to offences punishable under NDPS Act, particularly those which involve possession of commercial quantity of contraband substance, the court has to keep in view something more.....,” the court said, adding,“Section 36C of the NDPS Act makes Code of Criminal Procedure applicable to the proceedings before a Special Court which includes the provisions as to bail and bonds. However, Section 37 of the NDPS Act stipulates additional conditions before a person accused of committing an offence involving commercial quantity of contraband substance is released on bail.”

Finding that the accused had failed to demonstrate reasonable grounds that they were not guilty of the alleged offences, the court refused to extend the concession of bail.

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