HC
Jammu and Kashmir High Court Acquits Two in NDPS Case Over Contradictory Recovery Evidence
Nyaya Prep • Published • Updated • 3 min read
The Jammu and Kashmir and Ladakh High Court acquitted two men convicted in an NDPS case after finding material contradictions about where the alleged contraband was recovered.
The convictions and ten-year sentences were set aside and both appellants acquitted.
Background
The prosecution said heroin was recovered during personal searches in the presence of an Executive Magistrate, but that Magistrate testified that the recovery was from the vehicle. The accused disputed proof of Section 50 compliance.
Legal issue and reasoning
Justice Sanjay Parihar held that the prosecution could not rely on the Magistrate’s presence while disregarding his contrary substantive testimony. A chemical report could not cure the failure to prove possession and lawful recovery.
Outcome and next step
The convictions and ten-year sentences were set aside and both appellants acquitted.
- NDPS Search Safeguards and Evidence
- HC
- 9 October 2026