CRM(M) No.430/2026 1 | P a g e 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 2 | 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 3 | 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 I attest to the accuracy and authenticity of this document every page at bottom left side 07.07.2026 13:35