Feroz Ahmad Khan Alias vs Union Territory Through on 24 July, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Feroz Ahmad Khan Alias vs Union Territory Through on 24 July, 2026

        IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT SRINAGAR
                     CrlM(1757/2025) in CrlA(S) 18/2025
                     CrlM(771/2026) c/w CrlA(S) 16/2025
                               CrlM(1675/2025
    
                                                                Reserved on: 10.07.2026
                                                             Pronounced on: 24 .07.2026
                                                               Uploaded on: 24 .07.2026
                                                       Whether the operative part or full
                                                        judgment is pronounced: Full
    
     FEROZ AHMAD KHAN ALIAS                              ...Petitioner(s)/Appellant(s).
     RAJA
     Through:  Mr. S.T. Hussain, Sr. Advocate
               Mr. Zahid Hussain, Advocate
               Ms. Nida Nazir, Advocate
               Mr. Mufti Muhtashim, Advocate
               Ms. Mehak Amin, Advocate
                                      Vs.
     UNION TERRITORY THROUGH                                          ...Respondent(s).

    POLICE STATION CRIME
    BRANCH KASHMIR
    Through: None

    CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
    JUDGEMWENT

    SPONSORED

    (CrlM(1757/2025) & CrlM(1675/2025)

    1. Applicants/appellants came to be convicted at the trial of the case titled

    “Union Territory of Jammu and Kashmir through Police Station Crime

    Branch, Kashmir, Srinagar Versus Mudasir Sultan Bhat and Ors.”, File No.

    NDPS Cases/35/2024, CNR No. JKSGD01-000452-2022, bearing Case

    FIR No. 19/2021 of the aforesaid Police Station, by the Court of learned

    Special Judge, NDPS Cases, Srinagar (hereinafter referred to as the ‘trial

    court’ for short), vide its judgment dated 29.09.2025, for commission of

    offences under Sections 8/22 read with Section 29 of the NDPS Act and

    1|Page CrlM(1757/2025) & CrlM(1675/2025)
    8/22 read with Section 29 NDPS Act and Sections 420, 468 and 471 IPC,

    respectively.

    2. Upon their conviction and through the order of sentence dated

    14.10.2025, the applicant/appellant Feroz Ahmad Khan alias Jaja was

    sentenced to rigorous imprisonment for a period of 10 years and a fine of

    Rs. 1,00,000/- (one lac), with the stipulation of undergoing further rigorous

    imprisonment for one year in default of payment of fine, for commission of

    the offence under Section 22 of the NDPS Act. He was also awarded the

    same punishment for commission of the offence under Section 29 of the

    NDPS Act.

    3. Applicant/appellant Mudasir Sultan Bhat @ Majid was also awarded

    the same punishment as awarded to the applicant/appellant Feroz Ahmad

    Khan alias Jaja for commission of the offences under Sections 22 and 29 of

    the NDPS Act. However, for commission of the offence under Section 420

    IPC, he was sentenced to simple imprisonment for three years and a fine of

    Rs. 5,000/- (five thousands), with the stipulation of undergoing further

    rigorous imprisonment for three months in default of payment of fine.

    Under Section 468 IPC, he was awarded simple imprisonment for three

    years and a fine of Rs. 5,000/- (five thousands), with the stipulation that, in

    case of default of payment of fine, he shall undergo further rigorous

    imprisonment for three months. Under Section 471 IPC, the said

    applicant/appellant Mudasir Sultan Bhat @ Majid was awarded simple

    imprisonment for one year and a fine of Rs. 5,000/- (five thousands), with

    the stipulation of undergoing further rigorous imprisonment for three

    months in default of payment of fine.

    2|Page CrlM(1757/2025) & CrlM(1675/2025)

    4. The applicants/appellants have assailed the judgment of conviction

    dated 29.09.2025 and the order of sentence dated 14.10.2025 through

    separate appeals pending before this Court. Alongside the main appeals, the

    applicants have also filed applications for suspension of sentences on

    almost similar grounds that the impugned judgment of conviction and order

    of sentence suffer from patent illegality and perversity, as they have been

    convicted and sentenced by compromising their fundamental right to life

    and liberty on the basis of evidence which did not prove their guilt beyond

    any shadow of doubt, as was required in view of the cardinal principle of

    criminal jurisprudence adopted by our legal system. That the impugned

    judgment of conviction is mainly based on circumstantial evidence which

    is not so cogent as to rule out every hypothesis except the hypothesis of

    their guilt. That they have been convicted for the offence of conspiracy and

    abetment as defined and made punishable under Section 29 of the NDPS

    Act when the prosecution at the trial has not been able to bring on record

    even an iota of evidence to show the meeting of minds and the content of

    conversation between them and the co-accused proceeded against in terms

    of Section 299 of the Code of Criminal Procedure, 1973 (repealed but

    applicable in the case in hand and hereinafter referred to as the ‘Code’ for

    short).

    5. The applicant/appellant No. 1 Feroz Ahmad Khan @ Jaja has further

    submitted in his appeal that he seems to have been convicted solely on the

    basis that one witness (PW-17) has said that he, i.e., the

    applicant/appellant, had asked him to collect a consignment from Jhelum

    Roadways, which was seized in the case and, on opening the same,

    contraband was allegedly recovered, when the Court has observed that the

    3|Page CrlM(1757/2025) & CrlM(1675/2025)
    said consignment had been booked by the applicant/appellant No. 2,

    namely, Mudasir Sultan Bhat @ Majid, in the name of the Company

    Hurairah Pharmaceutical and which, by the prosecution itself, is said to

    have been purchased by the applicant/appellant Mudasir Sultan Bhat @

    Majid by allegedly making huge transfers to the manufacturing company.

    The said applicant/appellant No. 1 has further averred in his application

    that the learned trial court has based the judgment of conviction also on the

    statement of his maternal uncle (PW-24), who has allegedly said that he

    had let out one godown to him at Tengpora, Srinagar, where he, i.e., the

    applicant, used to store medicines. That contrary to the said submission, the

    prosecution itself shows that no recovery has been effected or made from

    the godown purportedly possessed by him on lease and, in the whole

    prosecution case, there is not even a single witness whispering to have seen

    him engaged in the business of medicines. That the manner in which the

    charge was framed against him suffers from patent illegality and goes to

    the root of the case, as the same discerns complete non-application of mind

    on the part of the learned trial court, as he was never read the charge of

    conspiracy or the alleged fact that he had asked PW-17 to collect the

    consignment from Jhelum Roadways on the date of occurrence or that he

    had been storing the contraband in his godown at Tengpora, Srinagar,

    which purportedly he had taken on lease from his maternal uncle (PW-24).

    6. The applicant/appellant No.1 has further averred in the memo of

    appeal that his conviction is based on the statements of prosecution

    witnesses PWs Nos. 17, 20 and 24 who have stated in their depositions

    that he i.e., applicant/appellant had asked PW-17 to collect a consignment

    from Jehlum roadways and to drop it at his godowan at Tengpora

    4|Page CrlM(1757/2025) & CrlM(1675/2025)
    Srinagar, which PW-24 has said to have been let out by him to the

    applicant/appellant. That his conviction has also been based on the

    statement of PW 20 allegedly to the effect that he i.e., applicant used to

    receive consignment on behalf of Hurairah Pharmaceutical. That however

    the fact is that none of the aforesaid witnesses has been able to link him

    with the consignment which was seized and recovered from Jehlum

    roadways. That the investigation in the case was conducted in complete

    disregard of the mandatory provisions of sections 42 and 52 of NDPS Act

    which was applicable in the case being incident of prior information. It has

    been further pleaded by the applicant/appellant No. 1 in his case that the

    statements made by the prosecution witnesses during the trial would show

    from corroborations and more huge contradictions which fact has been

    completely ignored by the learned trial court while deciding the case. That

    no recovery has been shown to have been made from him nor any

    financial trail stands attributed to him so as to connect him with the

    alleged crime.

    7. The applicant/appellant No.2 Mudasir Sultan Bhat @ Majid has inter

    alia averred in his memo of appeal that the mandatory provisions of

    section 42 of NDPS Act were observed in breach by the investigating

    agency during the investigation of the case which fact goes to the root of

    the case. That the provisions of section 52(2A) of the NDPS Act were also

    observed in breach during investigation of the case. That the contraband

    alleged to have been seized was never produced in the court nor shown to

    the applicant/appellant when he was examined under section 342 and as

    such the entire proceedings become void especially when provisions of

    section 57 of NDPS Act being mandatory were not followed at all. That

    5|Page CrlM(1757/2025) & CrlM(1675/2025)
    the mandatory provisions regarding seizure, sealing and sampling of the

    contraband were not complied with. That the applicant/appellant was not

    afforded opportunity to defend himself in terms of provisions of section

    235 of the Code before awarding him conviction.

    8. It has been pleaded in the instant applications on behalf of both the

    applicants/appellants that they have been facing incarceration since long.

    That applicant/appellant No.1 Feroz Ahmad Khan @ Jaja is reported to

    have been arrested on 10.01.2022 who was subsequently released on bail

    vide order dated 23.02.2024 of the learned Principal Sessions Judge,

    Srinagar. He was again taken into custody on his conviction on

    23.02.2024. So the applicant/appellant No.1 has undergone imprisonment

    for a period of more than four and a half years till date.

    9. The applicant/appellant No.2, Mudasir Sultan Bhat @ Majid is reported

    to have been arrested in the case on 06.08.2021 and as such he has been in

    custody in the case since about last five years.

    10. I have heard the learned counsel for the applicants/appellants in respect

    of the instant applications for suspension of sentences who reiterated their

    stands taken respectively in the memos of appeals.

    11. The learned counsel mainly contended that the conviction of the

    applicants has not been established by the prosecution at the trial

    beyond any shadow of doubt. That they in view of the principles

    governing the “Appreciation of Evidence” and “Burden of Proof”

    in criminal cases were deserving their acquittal but the learned trial

    court has given credibility to the evidence which is full of

    6|Page CrlM(1757/2025) & CrlM(1675/2025)
    contradictions and does not establish the guilt of the applicants

    beyond any shadow of doubt. They contended that the mandatory

    provisions of the NDPS Act especially under sections 42, 52 (2A), 57,

    55, as also section 235 of the Code have been observed in breach

    which vitiates the trial. It has been further contended by the learned

    counsel for the applicants that they have been facing incarceration in

    the case for about last 5 years and they being young boys deserve to

    be extended the concession of bail. It has been further contended by

    the learned counsel that since the applicants/appellants are the adult

    male issues of their parents, as such, their families have got

    shuttered due to their continued incarceration. The learned counsel

    further contended that there is merit in their appeals which are sure to

    succeed and as such the applicants deserve the concession of bail upon

    suspension of their sentences.

    12. The learned counsel, in support of their contentions, placed

    reliance upon the judgments reported as AIR 2011 SC 136, AIR 2014

    SC 1384, AIR 2014 SC 345, 2021 CriLJ 514 and 2017 (2) J&K 10.

    13. The respondent-State, despite being provided ample

    opportunities, did not choose to appear and argue the instant

    applications.

    14. I have perused the instant applications for suspension of sentences,

    which are supported by affidavits. I have also gone through the record

    of the main appeals, especially the impugned judgment of conviction

    dated 29.09.2025 and the order of sentence dated 14th October, 2025.

    7|Page CrlM(1757/2025) & CrlM(1675/2025)

    15. As hereinbefore mentioned, the applicant/appellants stand

    convicted for commission of offences under Sections 22 and 29 of the

    NDPS Act (applicant/appellant No. 1) and under Sections 22 and 29

    of the NDPS Act and Sections 420, 468 and 471 IPC

    (applicant/appellant No. 2). The sentences, as hereinbefore mentioned,

    awarded to them have been directed to run concurrently. So, the

    applicants/appellants, in view of the order of sentence dated

    14.10.2025, have to remain in custody for a period of 10 years. They

    have already undergone a period of about 5 years, which has been

    directed to be set off against the sentences of imprisonment provided

    as per Section 425 of the Code.

    16. The applicants/appellants have raised important facto-legal issues

    in the main appeals which need to be addressed by this Court in the

    main appeals. They have, as per their detailed memos of appeals,

    alleged violation of the mandatory provisions of the NDPS Act as

    contained under Sections 42, 52-A, 55 and 57. Substantial

    contradictions regarding material particulars of the case have also

    been alleged. The applicability of the provisions of Section 29 of the

    NDPS Act regarding conspiracy has also been thrown to challenge in

    the main appeals. It has also been mentioned in the instant

    applications that both the applicants are young boys whose youth has

    got spoiled in custody.

    17. The learned counsel for the applicants/appellants, during their

    arguments, inter alia contended that the provisions of Section 37 of the

    NDPS Act regarding bail are not applicable post-conviction, while

    8|Page CrlM(1757/2025) & CrlM(1675/2025)
    consideration of suspension of sentences has to be made in the light of

    the merits of the appeals against conviction.

    18. The main appeals have been pending disposal in this case since

    October, 2025 and are likely to take more time for their disposal. The

    applicants/appellants have got their fundamental right to life and

    liberty, which is likely to get eclipsed by their continued detention

    without prompt disposal of their appeals. They have already

    undergone half of the highest substantive punishment of imprisonment

    for 10 years.

    19. Nominal rolls have been perused, which do not appear to be accurate.

    20. The Hon’ble Apex Court has been, time and again, issuing directions

    regarding the release of under-trials/convicts who have undergone half of

    the substantive punishments/sentences provided /awarded in respect of the

    offences charged/convicted of, with no immediate prospect of the

    conclusion of the trial/appeal. The Hon’ble Apex Court, in its judgments

    cited as Supreme Court Legal Aid Committee Representing Undertrial

    Prisoners v. Union of India and Others, (1994) 6 SCC 731, and Narcotics

    Control Bureau v. Lakwinder Singh, Criminal Appeal No. 475 of 2025,

    decided on 29.01.2025, has passed directions for grant of bail to under-

    trials/accused who have already undergone half of the substantive

    sentences provided for the offences charged and also for suspension of

    sentences pending appeals in cases where the convicts have similarly

    undergone substantial portions of their awarded sentences.

    9|Page CrlM(1757/2025) & CrlM(1675/2025)

    21. In Narcotic Control Bureau vs. Lakwinder Singh (supra), the Hon’ble

    High Court through the order impugned had granted relief of suspension of

    sentence and bail to the respondent/convict pending appeal against his

    conviction. The respondent had been convicted by the trial Court for an

    offence punishable under the NDPS Act. The substantive sentence of the

    respondent/convict was 10 years of rigorous imprisonment. In the appeal

    of the year 2021, the Hon’ble High Court noted that the

    respondent/convict had undergone incarceration for a period of four and a

    half years out of the fixed term sentence of 10 years. As the appeal was not

    likely to be heard before the completion of the sentence, the High Court

    granted relief of suspension of sentence and bail to the respondent.

    The appellant Narcotic Control Bureau assailed the order of the

    Hon’ble High Court before the Hon’ble Supreme Court of India through

    criminal Appeal No. 475 of 2025. The Hon’ble Supreme Court, however,

    dismissed the appeal and maintained the order of the Hon’ble High Court.

    Paragraphs 7 and 8 of the judgment deserve a needful mention as under:

    “7. At this stage, the learned ASG appearing for the petitioner
    submitted that the power of the Court was constrained by
    Section 37 of the NDPS Act, which is applicable even at the
    stage of an appeal. He relies upon a decision of this Court in the
    case of Dadu vs State of Maharashtra. There is no dispute
    about the fact that the Appellate Court is bound by constraints
    of Section 37 of the NDPS Act while considering the prayer for
    the grant of bail during the pendency of an appeal. However, if,
    in the facts of the case, an accused has undergone a substantial
    part of the substantive sentence and, considering the pendency
    of criminal appeals, his appeal is not likely to be heard before
    the accused undergoes the entire sentence, the Appellate Court
    can exercise the power of 2 (2000) 8 SCC 437 releasing the
    accused on bail pending the appeal. If the relief of bail is denied

    10 | P a g e CrlM(1757/2025) & CrlM(1675/2025)
    in such a factual situation only on the grounds of Section 37 of
    the NDPS Act, it will amount to the violation of the rights of the
    accused under Article 21 of the Constitution of India.

    8. In this case, the appeal preferred by the respondent is not
    likely to be heard before he undergoes the entire sentence. He
    has already undergone a substantial part of his 10-year
    sentence. Therefore, there is no reason to interfere with the
    impugned order in the facts of the case. The Appeal is,
    accordingly, dismissed. However, if the respondent misuses the
    liberty granted to him under the impugned order, the appellant
    can always apply for cancellation of bail”

    22. For the foregoing discussion and without touching upon the merits

    of the main appeals, this Court is of the opinion that the ends of justice

    would be met in case the instant applications are allowed and the order

    of sentence dated 14.10.2025 is kept under suspension. It is

    accordingly ordered. The applicants/appellants are accordingly

    admitted to bail, subject to their furnishing surety and personal bonds,

    each in the amount of Rs. 1,00,000/- (one lac), (the surety bond of Rs.

    1,00,000/- (one lac) to be furnished by two sureties from amongst the

    near relatives of the applicants/appellants, each of whom shall be

    liable to the extent of Rs. 50,000/-), to the satisfaction of the learned

    Registrar Judicial, Srinagar, of this Court and the Superintendent of

    Jail concerned, for assuring the fulfilment of the following conditions:

    i. The applicants/appellants shall remain personally present during

    the proceedings in the main appeals.

    ii. The applicants/appellants shall not leave the limits of the Union

    Territories of Jammu and Kashmir and Ladakh without the prior

    permission of this Court.

    11 | P a g e CrlM(1757/2025) & CrlM(1675/2025)
    iii. The applicants/appellants shall not repeat the commission of any

    offence.

    v. In case the requisite surety bonds are furnished to the satisfaction

    of the learned Registrar Judicial of this Court and attested by him,

    the Registry shall issue a formal release order directing the

    Superintendent of the Jail concerned to release the

    applicants/appellants, namely, Feroz Ahmad Khan @ Jaja S/o Abdul

    Samad Khan R/o Muslimabad, Nund Reshi Colony, Bemina,

    Srinagar and Mudasir Sultan Bhat @ Majid, S/o Mohammad Sultan

    Bhat R/o Syedabad Sector 01 Bemina, Srinagar, forthwith from his

    custody in the instant case FIR, after obtaining the requisite personal

    bonds from them, in the amounts of Rs. 1,00,000/- (one lac) each.

    23. Applications are disposed of.

    CrlA(S) 18/2025 & CrlA(S) 16/2025

    24.Main appeals bearing No. CrlA(S) No. 18/2025 and CrlA (S) No.

    16/2025 shall come for hearing on 6th August, 2026.

    (MOHD YOUSUF WANI)
    JUDGE
    SRINAGAR
    24.07.2026
    “Mubashir ”

                              i.    Whether the order is speaking: Yes
                              ii.   Whether the order is reportable: Yes
    
    
    
    
    12 | P a g e                                         CrlM(1757/2025) & CrlM(1675/2025)
     



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