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2018 Supreme(J&K) 388

M.K.HANJURA
Ghulam Qadir Malik – Appellant
Versus
State of J&K through P/S Fruit Mandi Sopore – Respondent


Advocates Appeared:
For the Petitioner:Mr. Arif Sikandar, Advocate
For the Respondents: Mr. Sajad Geelani, Dy. AG vice Mr. B.A. Dar, Sr. AAG.

JUDGMENT :

1. On 17.02.2018, a police patrol party stopped a vehicle, make-Taveera bearing Registration No. JK03C-6054, which was being driven towards Seeloo Sopore. Besides the driver, one passenger, named Gh. Qadir Malik S/o Gh Nabi Malik R/o Tahab Pulwama, was also traveling in the said vehicle. The driver disclosed his name as Gowhar Ahmad Mir S/o Gh. Nabi Mir R/o Kheelan Pulwama. During their search, charas weighing 1140 grams was recovered from their possession and to put it appropriately 270 grams were recovered from Gowhar Ahmad Mir and 870 grams were recovered from the possession of Gh Qadir Malik. During the preliminary investigation of the case, it came to the fore that both the accused had obtained the charas through illegal means for sale on higher prices to the customers and, therefore, offences under Section 8/20 NDPS Act, were found to have been committed by them and, accordingly, a case bearing FIR No. 33/2018 was registered against them for the commission of the aforesaid offences at police station Sopore, with which the investigation ensued. The samples of the seized contraband were taken. These were sent to J&K Forensic Science Laboratory, Srinagar, for examinati















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