BASHARAT HUSSAIN Vs. STATE OF J & K

JUDGEMENT

(1.) Prayer is made in terms of instant petition (filed under Sec. 561-A CrPC) for quashing of order dtd. 25/7/2009 passed by the learned Additional Sessions Judge, Rajouri in an application seeking release of an amount of Rs. 3.08 lac (Rupees three lacs eighty hundred only) and a Nokia Mobile by virtue of which the said application has been dismissed.

(2.) It is being contended in the petition that the petitioner has been arraigned as accused in a case which was registered by the Police Station, Budhal and the final report accordingly submitted before the competent court of law. On consideration of the material produced by the Investigating Agency, the petitioner was discharged from the case vide order dtd. 28/10/2004 passed by the learned Sessions Judge, Rajouri.

(3.) The case of the investigating agency has been that on 1/12/2003 the Army authorities had approached the Police Station, Budhal with an application wherein it was stated that Security Forces along with Police Authorities during checking operation in Mobile vehicle check-post intercepted two persons on a motorcycle on 28/11/2003 in Dandote village, Budhal. On search of these individuals (petitioner herein and one Shoket Ali), Nokia Mobile set along with mobile charger and Indian currency notes worth Rs. 3,00,800.00 and Hero Honda motor-cycle were recovered.