The Jammu & Kashmir and Ladakh High Court has dismissed a petition seeking quashing of an FIR registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), along with a compensation claim of ₹50 lakh for each petitioner.
Justice Shahzad Azeem held that the police had acted within the law when they registered the case on information disclosing a cognizable offence. The Court also found no material showing mala fide conduct or violation of fundamental rights.
Background of the Case
The petition was filed by Javid Ahmad Lone, Raja Ikhlaq Akbar, Safeer Ahmad Gadwal and Basit Khan against the Union Territory of Jammu & Kashmir through the Station House Officer, Police Station Karnah.
According to the judgment, police received information on January 23, 2023, alleging involvement of the petitioners and others in the trafficking of narcotic substances from across the Line of Control and the use of proceeds to acquire movable and immovable properties.
An FIR was registered under Sections 8A, 27B and 29 of the NDPS Act. During investigation, search warrants were obtained from the Executive Magistrate and 14 vehicles were seized. Mobile phones were also sent to the Forensic Science Laboratory for analysis.
However, the investigation was eventually closed as “not admitted” because sufficient admissible evidence was not available to file a charge sheet.
Court’s Observation
The Court noted that the FIR was based on information that disclosed a cognizable offence. Referring to the Supreme Court’s Constitution Bench decision in Lalita Kumari v. Government of Uttar Pradesh, Justice Azeem observed that registration of an FIR is mandatory when information reveals a cognizable offence.
The Court further found that the investigation had followed due process.
“There is no material to indicate any lapse, high-handedness, or malafide,” the judgment stated.
On the compensation claim, the Court held that such relief is an exceptional remedy and requires an established violation of fundamental rights along with mala fide conduct or gross abuse of process.
The Court also rejected the argument that Sections 8A, 27B and 29 of the NDPS Act could not support the FIR, finding that the allegations, taken at face value, disclosed alleged narcotics trafficking and laundering of its proceeds.
Decision
Justice Shahzad Azeem dismissed the petition, holding that the compensation claim was unsupported by material showing mala fides or violation of fundamental rights.
The Court also directed that the case diary be returned to the government counsel for onward transmission to the concerned police station.
Case Details:
Case Title: Javid Ahmad Lone & Ors. v. Union Territory of J&K through SHO, Police Station KarnahCase Number: CRM(M) No. 261/2023
Judge: Justice Shahzad Azeem
Decision Date: July 22, 2026
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