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2020 Supreme(J&K) 562

Mohammad Afzal Dar – Appellant
Versus
Senior Superintendent of Police Bandipora – Respondent


Advocates:
Appearing Counsel:
For the Applicant(s):Mr. Ahmad Javid, Advocate
For the Respondent(s): Mr. Sheikh Feroz, Dy. A.G.

Judgment

Rajnesh Oswal, J.—The present petition has been filed for quashing of FIR bearing No. 38/2019 under Sections 8, 21 and 29 of Narcotics Drugs Psychotropic Substances Act, 1985 (for short the Act) registered with Police Station, Sumbal as well as proceedings conducted pursuant thereto by the trial court.

2. Learned counsel for the petitioner submits that after the conclusion of the investigation, challan/charge-sheet has been filed in the court of Principal Sessions Judge, Bandipora (hereinafter to be referred as the trial court) and also charges have been framed against the petitioners on 15.07.2019 for commission of offence under sections 8, 21 and 29 NDPS Act. It is further stated that the FSL report dated 24.04.2019 relied upon by the prosecution clearly reveals that the material allegedly recovered from the petitioners is not the brown sugar as alleged in the charge sheet. The application for grant of bail filed by the petitioners was also dismissed by the learned trial court vide order dated 21.09.2019. The petitioners have also challenged the order dated 15.07.2019, whereby the charges were framed by the learned trial court, primarily on the ground that the FSL report

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