Failure To Provide Sample & Report To Accused Vitiates Trial Under Drugs Act: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed criminal proceedings initiated under the Drugs and Cosmetics Act against a petitioner, holding that mandatory safeguards prescribed under the statute, namely furnishing of a portion of the sample and a copy of the Government Analyst's report to the accused, were violated.

The court observed that such non-compliance renders the entire trial proceedings “bad in law”.

A bench of Justice Sindhu Sharma found that the learned Magistrate had no jurisdiction to try the complaint. After the statutory amendment 2009, offences under the relevant chapter are triable only by the Court of Sessions.

The magistrate yet took cognizance of the complaint and process was accordingly issued. The Court held this defect alone rendered the proceedings invalid.

More critically, the Court noted that the prosecution failed to supply a portion of the seized drug sample to the petitioner, nor was any copy of the FSL (Forensic Science Laboratory) report furnished, as required by Section 23(4) and Section 25(2) of the Act.

The judgment records “Neither the sample nor the report has ever been provided to the petitioners.”

Referring to the verdict of the Laborate Pharmaceuticals India Ltd. v. State of T.N., the Court underscored that denial of the right to independent re-testing, an entitlement under the law, renders prosecutorial action unsustainable:

“The valuable right of the accused for re-analysis vested under the Act appears to have been violated... we are of the view that as on date the prosecution, if allowed to continue, would be a lame prosecution.”

On these grounds, the High Court concluded “The cognizance of the complaint taken is an abuse of process of law and the entire proceedings are bad in law and require to be quashed.”

Accordingly, the complaint and all consequential criminal processes under Sections 18-A/18(c) read with 27(b)(ii) and 28 of the Act, issued by the Chief Judicial Magistrate, Kathua, were quashed

Case-Title: Zahoor Ahmad Rada & Ors. vs UT of J&K, 2025

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