MASHOOQ AHMAD BEIGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By this common order, above titled two petitions filed by the petitioner, one challenging order dtd. 15/12/2021 passed by learned Additional Sessions Judge, Anantnag, whereby charges for offences under Sec. 8/20/29 of NDPS Act have been framed against the petitioner and the other one seeking bail in the case arising out of FIR No.15/2021 of Police Station Crime Branch, Kashmir for the offences under Sec. 8/20/29 of the NDPS Act, are proposed to be disposed of.

(2.) As per the case projected in the charge sheet on 14/3/2021, Anti Narcotics Task Force (hereinafter referred to as ANTF) received a specific information through reliable sources that in the truck bearing No.JK02AB-6744, driven by co-accused Suresh Kumar, contraband substance "Charas" has been concealed and that the drug peddler is going to deliver the same outside the Valley. It was also conveyed that the said driver has parked the vehicle in question at Khanabal Qazigund road near Mirbazar Alstop.

(3.) On the basis of aforesaid information, the FIR (supra) came to be registered in Police Station, Crime Branch, Srinagar, and investigation of the case was set into motion. The services of the Executive Magistrate and the officials from Legal Metrology Department were requisitioned and a photographer was also called on spot. On reaching the desired location, the ANTF found the vehicle in question parked near Mir Filling Station at Alstop, Mir Bazar. The driver of the truck disclosed his name as Suresh Kumar and he was served with a notice under Sec. 50 of NDPS Act for his personal search in presence of Magistrate/Gazetted officer. As per the option of the driver, he was subjected to search in presence of an Executive Magistrate. Certain articles and cash amount of Rs.5400.00 were recovered from the personal search of the driver whereafter he was put under arrest. During questioning, driver Suresh Kumar made a disclosure statement that he had collected 32 packets of charas from some person at Sangam Bijbehara at the behest of owner of the truck, the petitioner herein, and that he has concealed the same inside the windows of the truck in question. Accordingly, the memo of disclosure was prepared and in pursuance of the said disclosure, 32 packets of charas like substance were recovered in presence of the Executive Magistrate from the place disclosed by the co-accused Suresh Kumar. The recovered charas was found to be weighing 32 kilos and 969 grams. The samples were sealed and sent to FSL for their examination. The statements of the witnesses under Sec. 161 of the Cr. P. C were recorded. After investigation of the case, offences under Sec. 8/20/29 of NDPS Act were found established against the petitioner and co-accused Suresh Kumar. The petitioner was arrested on 2/8/2021. Certain other aspects are stated to be still under investigation and it has been submitted in the challan that supplementary charge sheet shall be filed upon completion of investigation on these aspects.