FARYAD KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition filed under section 561-A Cr. P. C. petitioner seeks quashing of FIR No. 138/2015 dated 13.06.2015 registered against him for offence under section 8/21 of the NDPS Act at Police Station, Bahu Fort, Jammu.

(2.) Perusal of the impugned FIR (annexure-A) would show that on 13.06.2015 the Officer In-charge, Police Post, Narwal, who was heading a Police Patrol, received a source information that Faryad Khan, the petitioner herein, deals in narcotics, like Opium and Charas and has kept Opium for sale in his shop No. 87, Yard No. 1, Transport Nagar, Narwal. On receiving this information, he reached there along with the police party but found the shop locked. He informed SP City, South, Jammu and SDPO City, East, Jammu and requested them to bring Executive Magistrate on spot. The SP and the SDPO reached on spot along with the Executive Magistrate, 1st Class, Jammu. The locks of the shop were broken in presence of the Executive Magistrate, the Police Officers and some civilians and the shop was searched. In the course of the search a substance resembling Opium, weighing about 2 Kgs, was recovered. Pursuant to the recovery, the Officer, In-charge of the Police Post sent a docket to Police Station, Bahu Fort, Jammu for registration of FIR and the impugned FIR came to be registered.

(3.) The record on the CD file produced by the learned Sr. AAG, would show that Opium was detected on chemical analysis of the sample of the recovered substance. It was stated by the learned Sr. AAG and has been found on perusal of the CD File that investigation in the case has been completed and commission of offence under section 8/21 NDPS against the petitioner has been proved. However, the petitioner has been arrested because of the stay granted by this Court and, therefore, filing of charge-sheet against him is awaited. This Court by virtue of order dated 14.10.2015, while allowing the investigation to proceed, has issued a direction that the petitioner shall be arrested.