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Call Logs No Match for NDPS Conspiracy Claims: J&K High Court Frees Accused After 3 Years
In a significant ruling on evidence standards in drug cases, the granted bail to Abdul Rashid Kohli, a resident of Karnah in Kupwara district near the Line of Control. Justice M. A. Chowdhary overturned a trial court's rejection, holding that phone call logs and co-accused disclosures alone don't satisfy the strict bail barriers under without voice recordings or transcripts. Kohli, accused No. 4 in a major heroin smuggling network, walked free after nearly three years in custody.
Raid in Srinagar Uncovers 11kg Heroin Haul Linked to POK
The saga began on , when Rajbagh police in Srinagar acted on a tip about drug dealing at a rented house in Kursoo Bund. A search yielded 11 kilograms of heroin stuffed in polythene packets inside two bags under a bed, plus ₹11.82 lakh in cash. Tenants Sajad Ahmad Badana and Zaheer Ahmad Tanch were nabbed on site, along with mobile phones, vehicles, and a digital scale.
Their disclosures to a magistrate painted a cross-border picture: heroin procured from "Nazir Bhai" in Pakistan-occupied Kashmir (POK), smuggled via Karnah to Srinagar in a Scorpio's spare wheel, and sold for over ₹8 lakh. They implicated Kohli and others in the conspiracy for procurement, transport, and sales. FIR No. 17/2023 followed under , plus . Kohli was arrested, charge-sheeted in , and tried before the . Charges were framed, and 18 of 33 witnesses examined by when his bail plea failed—prompting this High Court appeal.
Defense: 'No Drugs on Me, Just Phantom Links'
, with , argued no contraband was recovered from Kohli. Arrest grounds weren't communicated, witnesses didn't tie him to crimes, and co-accused statements weren't enough for conspiracy. They stressed Section 37's rigor doesn't apply without direct recovery, no charge (though mirrors it), procedural lapses like unmandated post-judge transfer, and Kohli's over two-year incarceration as undue hardship.
Prosecution: Border Threat Too Big to Bail
countered with trial progress—charges framed, key evidence like photos of Kohli weighing drugs, seized phone (A-4) CDRs showing conspiracy contacts, and WhatsApp links. They warned of his border proximity risking repeat offenses, societal harm from youth addiction, and flight risk. Bail, they said, ignores Section 37's presumption against release in
cases (11kg heroin qualifies), where
"
."
Evidence Weighs Light: Court Dissects Section 37's Heavy Burden
Justice Chowdhary scrutinized the record: no personal recovery from Kohli, only abetment/conspiracy charges under based on co-accused disclosures and CDRs. He equated Section 29 to 120B but found the links frail. Drawing from 's Tofan Singh v. State of Tamil Nadu (AIR 2020 SC 5592), co-accused statements under are inadmissible if phone records are the sole thread—they fail Section 37's "reasonable grounds" test for innocence presumption. Echoing 's Vinay Dua v. State (2025), mere WhatsApp chats and calls don't justify denial.
The court clarified: triggers Section 37 only where Public Prosecutor opposes and court finds guilt likely—here, absent recordings/transcripts, logs prove no nexus to trafficking.
Key Observations from the Bench
"Without any other evidence from CDRs showing contact between an accused and a co-accused are not sufficient to establish a , especially without voice recording or transcripts of the conversation. As per the Prosecution Story, there is neither any recording nor any transcript of the conversation on the file, as such, call logs alone cannot prove a of sale or transportation of drugs."(Para 16)
"In [Tofan Singh], it was held that the statements of co-accused recorded under are inadmissible, if the phone records are the only link and that they fail to meet the reasonable ground test under ."(Para 18)
"Since, in the present case, the Petitioner as an accused was not found in possession of any contraband material and the only evidence against him are the disclosure statements made by other co-accused, backed by phone logs, therefore... the test of reasonable grounds to deny bail as per the rigor of is not applicable."(Para 19)
Bail Granted, But Borders Checked
The court allowed bail on ₹50,000 bonds/surety, mandating passport surrender, daily Google Pin drops to SHO, active phone contact, no witness tampering, and no illegal acts. Observations are bail-limited, not merits-binding. This could ease bail in NDPS conspiracies reliant on digital crumbs, urging prosecutors toward harder proof amid Jammu & Kashmir's smuggling hotspots.
