Call Logs No Match for NDPS Conspiracy Proof: J&K High Court Frees Accused After 3 Years

In a significant ruling for NDPS cases, the High Court of Jammu & Kashmir and Ladakh at Srinagar granted bail to Abdul Rashid Kohli, accused No. 4 in a high-profile heroin smuggling probe. Justice M. A. Chowdhary ruled that phone call logs and co-accused disclosures alone fall short of proving criminal conspiracy under the NDPS Act, especially without voice recordings or transcripts. This overturns a trial court rejection, emphasizing stricter evidence standards amid nearly three years of detention.

Shadows of the Border: Unraveling the Smuggling Allegations

The saga began on April 6, 2023, when Rajbagh police in Srinagar received a tip about two Karnah natives, Sajad Ahmad Badana and Zaheer Ahmad Tanch, dealing heroin from a rented house at Kursoo Bund. A raid uncovered 11 kg of heroin (1 kg packets), over Rs. 11 lakh in cash, vehicles, mobiles, and a weighing scale—all seized with magistrate oversight.

Disclosures from Badana and Tanch implicated Kohli and others in procuring the drugs from "Nazir Bhai" in Pakistan-occupied Kashmir (POK), transporting via Scorpio from Karnah to Srinagar, and selling portions. FIR No. 17/2023 invoked Sections 8/21, 27A, 29 NDPS Act and Section 201 IPC. Kohli, from Dragger Karnah near the border, faced abetment and conspiracy charges based on these statements, call data records (CDRs) from his phone (seized as A-4), and location shares. Charge-sheeted in September 2023, trial progressed with 18 of 33 witnesses examined by 2025, when bail was denied citing Section 37 rigors and societal drug menace.

Prosecution's Iron Fist vs. Defense's Evidence Gaps

The Union Territory argued Kohli's deep involvement in cross-border ops, backed by photos of him weighing drugs, CDRs linking calls during the seizure timeframe, and WhatsApp contacts. Releasing him risked relapse, given his border proximity and unexamined witnesses. They stressed NDPS offenses destroy youth, invoking Section 37's high bar: reasonable belief of guilt and flight risk.

Kohli's counsel, Senior Advocate S. T. Hussain with Nida Nazir, countered fiercely—no contraband recovered from him, no arrest grounds communicated, witnesses silent on his role. Disclosures don't equal conspiracy; trial delays (over two years) and a judge transfer (demanding de novo trial, allegedly ignored) violated procedure. Section 37 doesn't apply sans direct recovery, and CDRs prove nothing without content.

Cutting Through the Evidentiary Fog: Court's Razor-Sharp Reasoning

Justice Chowdhary dissected the evidence: Kohli charged under Section 29 NDPS (abetment/conspiracy, akin to IPC 120B) solely on co-accused disclosures and CDRs—no recovery, no recordings. Citing Tofan Singh v. State of Tamil Nadu (AIR 2020 SC 5592), co-accused statements under Section 67 NDPS are inadmissible if phone records are the sole link, failing Section 37's "reasonable grounds" test.

Echoing Delhi HC's Vinay Dua v. State (2025)—noted in media reports like "Call Logs Alone Cannot Prove Criminal Conspiracy Under NDPS Act" —mere chats/calls don't suffice. "Without any other evidence... call logs alone cannot prove a criminal conspiracy," the court held, as no transcripts or voice existed. Section 37's commercial quantity rigor doesn't bind abetters without prima facie proof. Long incarceration tipped the scale, though not decisive alone.

Key Observations from the Bench

"Call logs alone cannot prove a criminal conspiracy of sale or transportation of drugs."

"Statements of co-accused recorded under Section 67 of the NDPS Act are inadmissible, if the phone records are the only link and that they fail to meet the reasonable ground test under Section 37."

"The accused-Petitioner is entitled to be granted bail, in that, the test of reasonable grounds to deny bail as per the rigor of Section 37 of the NDPS Act is not applicable."

"Mere WhatsApp chats and phone calls with co-accused are not enough to deny bail under the NDPS Act." (Drawing from aligned precedents)

Bail Granted, But Borders Remain Watched

The court allowed bail on Rs. 50,000 bond/surety, mandating passport surrender, daily Google Pin shares to SHO, active phone, no witness tampering, and lawful conduct. Observations bind only this bail plea, leaving trial merits open.

This precedent strengthens defenses in chain-conspiracy NDPS cases, demanding substantive proof beyond metadata. For border regions plagued by smuggling, it signals courts won't presume guilt on digital shadows alone—potentially easing bail in similar probes while urging better investigations.