AJK court acquits man in drug case, orders action against police officials

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By Tariq Naqash

MUZAFFARABAD: A sessions court in Poonch district of Azad Jammu and Kashmir on Thursday acquitted a man in a narcotics case, ruling that the alleged recovery of charas from him had been fabricated, and ordered legal as well as departmental action against the police officials involved.

District and Sessions Judge Raja Faisal Majeed, also functioning as an empowered court under the Control of Narcotic Substances Act (CNSA), acquitted Ali Javed, who had been charged under Section 9-C of the CNSA in FIR No. 76/2025 registered at Police Station Khaigala in June last year.

The prosecution had claimed that 1,020 grams of charas were recovered from the accused on June 28, 2025. However, after examining eight witnesses and the record, the court found the case riddled with “glaring contradictions” that undermined the prosecution’s version.

The court highlighted serious discrepancies in the custody and transmission of the alleged contraband. While the complainant said the seized parcels were sent to the police station through a constable, the constable denied carrying them, and the station’s record keeper stated they were handed over directly by the complainant — contradictions the judge said struck at the very foundation of the chain of custody.

The judgment further noted that the case property had not been shown to have been deposited in the police malkhana, weakening the claim of safe custody.

It also pointed to a material discrepancy in the weight of the alleged contraband. One parcel, when weighed in court, was found significantly heavier than recorded, suggesting possible tampering.

The most decisive development came from a fresh chemical analysis ordered during final arguments. While an earlier report had declared the substance to be charas, a subsequent test by the Federal Narcotics Testing Laboratory in Islamabad found it to be neither a narcotic drug nor a psychotropic substance.

“This report completely demolishes the prosecution’s case,” the judge observed, adding that the evidence not only created reasonable doubt but established fabrication of the recovery.

The court ordered the immediate release of the accused, who had spent about 10 months in jail, and noted that his case could be considered for compensation under the law.

Taking a serious view of the conduct of police officials, the court directed issuance of show-cause notices to the complainant, investigating officer and other witnesses under Section 26 of the CNSA for alleged false implication and fabrication of evidence.

It observed that their actions prima facie attracted offences under Sections 182, 211 and 193 of the Azad Penal Code, and ordered initiation of appropriate proceedings. A copy of the judgment was also sent to the SSP Poonch for strict departmental action.