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1996 Supreme(SC) 38

G.B.PATTANAIK, K.RAMASWAMY
Central Bureau Of Investigation – Appellant
Versus
Nazir Ahmed Sheikh – Respondent


Judgement

ORDER :- Leave granted.

2. Though the respondent has been served with notice, he has not been either appeared in person or through counsel, we request Shri R. S. Sodhi, the learned counsel to assist the Court as Amicus Curiae. We express our appreciation for the valuable assistance rendered by him. The facts fairly are not in dispute. On October 26, 1990, at about 9.30 a. m. Inspector Dharamveer of BSF was kidnapped in pursuance of criminal conspiracy by some of the accused persons, while he was travelling in a minibus from Nishat to Srinagar. The accused Nazir Ahmed Sheikh Goldenter shot him dead from is AD-56 rifle in cold blood, as a result of which, Inspector Dharamvir died instantaneously. During the course of the investigation, the recoveries were made and confessional statement under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1978 (for short, the Act) was recovered. In addition thereto, the investigation has collected other evidence. On March 6, 1992, a charge- sheet was filed along with a material before the Designated Court explaining the reasons for the delay in filing the charge-sheet. By order dated December 29, 1992, the Designated




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