MOHAMMAD AMIN SHEIKH Vs. DIVISIONAL COMMISSIONER KASHMIR

JUDGEMENT

(1.) The appeal is preferred against order dtd. 17/12/2022, passed by the learned Court of Additional Sessions Judge, Baramulla (NIA Court) and order dtd. 29/8/2021 passed by Divisional Commissioner, Kashmir. The proceedings initiated by the police regarding the seizure are also questioned in appeal. In FIR No. 57/2020 filed under Ss. 13, 16, 18, 38 of the Unlawful Activities (Prevention Act), 1967 and 8/21 NDPS Act and 7/25 Arms Act and registered with Police Station, Karnah the vehicle bearing No. JK01AJ/0219 has been seized during the course of Serial No. 1 investigation. Later on, respondent-Divisional Commissioner, Kashmir has confirmed the order of seizure of the vehicle. The appeal was filed against the order dtd. 29/8/2021 passed by the Divisional Commissioner (Designated Authority). The appeal filed before the NIA Court stands dismissed vide order dtd. 17/12/2022. The appellate court confirmed the order of Designated Authority.

(2.) The present appeal is filed against both the aforesaid orders.

(3.) The respondents have appeared in the appeal and contested the same.