MOHAMMAD ASHRAF DAR Vs. U.T. OF J&K

JUDGEMENT

(1.) Through the medium of instant application, the petitioner is seeking bail in anticipation of arrest in FIR No. 13/2023 dtd. 11/10/2023 registered with Police Station, Anti Narcotic Task Force (ANTF), Jammu under Sec. 8, 15, 25 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, 420, 465, 468, 471, 120-B IPC and 52, 182A(4) MV Act.

(2.) The brief facts of the case are that on 11/10/2023, Police Station, ANTF Jammu apprehended a vehicle (mini oil tanker) carrying Poppy Straw weighing 445 Kilograms, driven by one Jagjeet Singh, R/o Tehsil Phillaur, District Jalandhar, Punjab. The accused was arrested and disclosed the names of other persons including Nadeem Ahmad Sofi, resident of Anantnag Kashmir, Mohammad Yaqoob Bhat from Shopian and Jaswinder Singh from Punjab. Accused Nadeem Ahmad Sofi also disclosed the names of three persons including the petitioner herein to be part of the drug trafficking racket and pursuant to his disclosure, the petitioner is being sought to be connected with FIR No. 13/2023 (supra).

(3.) It is contended that there is absolutely no material with respondent No. 1 to connect the petitioner with the FIR under reference and the sole basis for connecting the petitioner with the FIR is a bank transaction reflecting transfer of an amount of Rs.1.00 lac from the account of accused Nadeem Ahmad Sofi to the account of petitioner. It is stated by the petitioner that said transaction was made around 36 days before the registration of the FIR in connection with sale of the vehicle bearing registration No. JK18C 6493 on 9/8/2023. The sale agreement executed between the petitioner and Mohammad Yaqoob Bhat substantiates the said transaction. It is stated that pursuant to the disclosure made by Nadeem Ahmad Sofi, the petitioner was summoned by the then Investigating Officer-Amandeep Singh. The petitioner, being a law-abiding citizen, immediately joined the investigation and on the directions of Investigating Officer-Amandeep Singh, submitted himself to the Investigating Officer at Chenani on Batote Doda highway on 23/6/2024 and thereafter at Ghat No. 23 Makai Park Boulevard Road, Srinagar on 6/7/2024. The petitioner got disturbed, when the Investigating Officer demanded a huge amount of money and threatened him with longer incarceration in jail in case of failure to meet the demand. Threats were also extended through Nisar Ahmad Bhat and Mohammad Afzal Bhat, both residents of Marhama Anantnag, Kashmir. The petitioner claims to have disposed of some of his valuables including his Alto Car, ornaments of his sister and one cow, to meet the demand of Investigating Officer Amandeep Singh. He paid an amount of Rs.8.00 lacs to the above-named persons, sent by the Investigating Officer. The said persons, however, tried to extort more money from the petitioner leaving him with no option but to approach Police Station, Qazigund, Kashmir with a complaint against the Investigating Officer and two others acting on his behalf. The Police Station, Qazigund registered FIR against all three persons including Investigating Officer, Amandeep Singh and recovered the amount of Rs.8.00 lacs from them. The Investigating Officer was later admitted to anticipatory bail by the Srinagar Wing of this Court vide order dtd. 7/8/2024 read with order dtd. 11/9/2024.