‘Cop torture case’: Court acquits constable among two in high-profile narcotics case

October 16, 2025 by News Desk

Meer Irfan

A court in Kupwara has acquitted Khursheed Ahmad Chohan, a Jammu Kashmir Police constable who was earlier brutally tortured in custody, along with Farooq Hassan Shah, in a high-profile narcotics case under Sections 8/21-29 of the NDPS Act.

The ruling comes after the court found serious contradictions in forensic reports and insufficient direct evidence against the accused, even as alleged cross-border connections with Pakistan continue to be investigated.

The case originated from FIR No. 17/2023, filed at Police Station Karnah, after police claimed to recover 2.674 kilograms of contraband suspected to be brown sugar from Shah’s courtyard on February 23, 2023.

Initial chemical analysis at the Forensic Science Laboratory (FSL) in Srinagar returned a negative report, while a subsequent test at the Central Forensic Science Laboratory (CFSL) in Chandigarh confirmed the substance to be heroin, as per the copy of the court order, of which a copy is available with The Kashmiriyat.

During the investigation, authorities alleged the involvement of co-accused Khursheed Ahmad Chohan, a serving constable, and Raja Zahoor Akbar, a resident of Pakistan-occupied Kashmir (POK). Police highlighted Chohan’s communications with a Pakistani mobile number and alleged unexplained financial transactions, suggesting a potential cross-border trafficking link.

However, the court observed that the evidence against Chohan was primarily circumstantial, based on mobile and bank records, and no contraband was directly recovered from him.

“The contradictions in the forensic reports, coupled with the unexplained delay of 19 days in sending the samples for further analysis, create serious doubts regarding the integrity and reliability of the seized substance,” the court noted in its judgment. “The evidence against accused No. 2 is entirely circumstantial and, in the absence of direct recovery, it is insufficient to frame a charge at this stage.”

The court relied on established legal precedents, including Thana Singh v. CBN (2013) and Noor Aga v. State of Punjab (2008), emphasizing that when scientific reports contradict each other and procedural lapses exist, the benefit of doubt must go to the accused.

Consequently, Farooq Hassan Shah and Khursheed Ahmad Chohan were discharged under Section 227 Cr.P.C., while proceedings against absconding accused Raja Zahoor Akbar continue under Section 299 Cr.P.C.

Chohan’s case has drawn attention for reasons beyond the narcotics allegations. He was summoned to the Joint Interrogation Centre (JIC) in Kupwara on February 17, 2023, ostensibly for questioning in connection with the narcotics case.

According to his wife’s complaint, once in custody, he was brutally tortured over six days, beaten with iron rods and sticks, subjected to electric shocks, and mutilated. Medical records confirmed “complete mutilation of genitalia with both testicles removed, lacerations on the scrotum, bruises on buttocks extending to thighs, vegetative particles in the rectum, and multiple fractures.”

“The injuries were impossible to be self-inflicted,” the Supreme Court noted, transferring the case to the CBI and describing it as “among the most barbaric instances of police atrocity” in recent times.

The apex court criticized local police for attempting to pass off the torture as a suicide attempt and for filing a counter-FIR against Chohan to justify their actions. It also ordered Rs 50 lakh compensation to be paid to Chohan, recoverable from those found responsible.

The CBI subsequently arrested eight J&K police personnel, including Deputy Superintendent of Police Aijaz Ahmad Naiko and Sub-Inspector Riyaz Ahmad, for their alleged role in the torture, while also investigating systemic lapses at the JIC Kupwara, including detention protocols and surveillance failures.

While Chohan and Shah have now been acquitted in the NDPS case, the court’s ruling highlights the importance of procedural integrity and reliable forensic evidence, particularly in cases involving serious allegations of narcotics trafficking and potential cross-border links with Pakistan.

“The contradictions between expert reports, coupled with the unexplained delay in forensic analysis, entitle the accused to the benefit of doubt,” the court ruled, stressing that circumstantial evidence alone cannot justify framing charges.

The case underscores both the complexities of NDPS investigations in the region and the vulnerabilities faced by police personnel and citizens subjected to custodial harassment, raising broader questions about accountability and the integrity of law enforcement in Jammu Kashmir.