MOHD SAJJAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition under Section 561 -A Cr.P.C. has been preferred with a prayer to quash the judgment and order dated 06 -11 -2003 passed by Special Court, constituted under POTA, in File No.108/Appeal, titled Mohd. Sajjad Bhat Versus State, whereby appeal for release of vehicle has been dismissed. Facts relevant for the disposal of this petition, in resume, may be noticed.

(2.) A vehicle Maruti Versa Temp. No. DL -IK Temp -4252 was seized from the petitioner under FIR 102/2002 for offences under Sections 3/4/5 POTA. Mohd. Sajjad Bhat, accused, had approached the Designated authority for the release of the vehicle seized in the aforesaid case in his favour being its owner. Designated Authority held that the car seized under the aforesaid FIR was purchased from the money acquired by the petitioner from the terrorists proceeds.

(3.) AGGRIEVED by the order of the Designated Authority, the petitioner impugned, its correctness before the Special Court, constituted under POTA, in filing an appeal on 30 -04 -2003 on variety of grounds. It was urged by the petitioner that the vehicle should have been seized after the prior approval of the Director General of Police and its seizure/attachment could have been done by a person not below the rank of Superintendent of Police. It was also stated that the Designated Authority had ignored the explanation submitted by the petitioner in reply to the notice with regard to the money he had invested for the purchase of the vehicle. Further plea taken by the petitioner before the Appellate Court was that there was no limitation for providing an appeal against the order passed by the Designated Authority. It was further stated that the order passed by the Designated Authority is not in accordance with law and prayer was made to set aside the order. It was further prayed that the vehicle, having been seized from the possession of the petitioner, be released in his favour being the owner.