Jammu & Kashmir High Court – Srinagar Bench
Abdul Rashid Shah vs Union Territory Of J And K Th.S.H.O P/S … on 3 July, 2026
Author: Sanjay Dhar
Bench: Sanjay Dhar
S. No.125
Suppl. List
,,, IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) No.430/2026
CrlM (987/2026), CrlM (988/2026)
ABDUL RASHID SHAH
.....Petitioner(s)
Through: Mr.Bhat Fayaz, Advocate
V/s
UNION TERRITORY OF J AND K TH.S.H.O P/S BANDIPORA
... ..Respondent(s)
Through: None
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
03.07.2026
1. The petitioner through the medium of present petition has
thrown challenge to FIR No.58/2026 for offence under Section
8/18 NDPS Act registered with Police Station Bandipora.
2. As per the impugned FIR, on 09.05.2026 the police of
Police Station, Bandipora received information from reliable
sources that the petitioner is cultivating poppy plants in his land
situated at Shah Mohalla, Aloosa Bandipora and that he is
intending to indulge in sale of contraband substance after its
cultivation in an illicit manner. On the basis of this information
the impugned FIR came to be registered.
CRM(M) No.430/2026 1|P a g e
3. The petitioner has challenged the impugned FIR on the
ground that the same does not disclose the essential ingredients
of offences punishable under Section 8/18 of NDPS Act. It has
been contended that even if the contents of the impugned FIR
are taken to be true at their face value, the same do not constitute
any offence. It has also been contended that there is no
reference of any quantity, seizure, recovery etc of the contraband
substance and that criminal law has been set into motion against
the petitioner on the basis of omnibus and bald allegations.
4. I have heard learned counsel for the petitioner and perused
the record of the case.
5. As is clear from the contents of the impugned FIR, the
petitioner is alleged to be indulging in illicit cultivation of poppy
plant in his land situated at Shah Mohalla, Aloosa, Bandipora.
Section 8(b) of NDPS Act prohibits cultivation of opium poppy
or any cannabis plant, whereas, Section 18 of the NDPS Act
makes the offence of cultivation of opium poppy plant
punishable with rigorous imprisonment for a term of one year in
case contravention involves small quantity and up to 20 years in
case contravention involves commercial quantity.
6. As per Section 37 of NDPS Act, every offence punishable
under the said Act is cognizable in nature. Therefore, whether
the contravention with regard to cultivation of poppy plant by
CRM(M) No.430/2026 2|P a g e
the petitioner is relating to small quantity or whether it relates to
commercial quantity, in both eventualities offence disclosed
against the petitioner is cognizable in nature. The respondent
Investigating Agency is, therefore, well within its jurisdiction to
register an FIR on the basis of the information received by it
which clearly discloses commission of cognizable offences.
7. This Court, while exercising its power under Section 528
of BNSS, cannot interdict the Investigating Agency from
undertaking investigation of the case, once the allegations made
in the FIR disclose commission of a cognizable offence. The
contention of the petitioner that the contents of the impugned
FIR do not disclose commission of any offence, is absolutely
misconceived, because, the contents of the impugned FIR clearly
disclose commission of cognizable offences.
8. For the foregoing reasons, I do not find any merit in this
petition. The same is dismissed alongwith connected CMS.
(SANJAY DHAR)
JUDGE
SRINAGAR
03.07.2026
Sarveeda Nissar
1. Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
Sarveeda Nissar CRM(M) No.430/2026 3|P a g e
I attest to the accuracy and
authenticity of this document
every page at bottom left side
07.07.2026 13:35
