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2021 Supreme(J&K) 59

SANJAY DHAR
Aziz Ul Rehman – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.N.Raina Sr. Advocate with Mr. J. A. Hamal Advocate
For the Respondent: Mr. Bhanu Jasrotia G.A.

JUDGMENT :

1. Through the medium of instant petition under Section 482 of Cr.P.C, the petitioner has challenged order dated 28.02.2020 passed by the learned Additional Sessions Judge, Rajouri (hereinafter referred to as the ‘trial Court’) whereby charges for offences under Sections 302/109/34 RPC and 8/21/27 NDPS Act have been framed against the accused including the petitioner herein.

2. Before coming to the instant petition, let me give brief background of the facts leading to filing of instant petition.

On 29.06.2019, the police of Police Station, Manjakote received an information that one person namely Mohd Mukhtyar had consumed some narcotic drug and that he has been taken to Government Medical College Hospital, Jammu from Rajouri Hospital for his treatment where he breathed his last in suspicious circumstances. The police initiated the inquest proceedings under Section 174 Cr.P.C so as to ascertain the cause of death of the deceased. During these proceedings, it was found that the deceased had advanced a sum of Rs.80,000/- to the accused Irfan Khan and when the said amount was demanded back by the deceased, the aforesaid accused in connivance with other accused, after purchasing

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