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2021 Supreme(J&K) 202

RAJNESH OSWAL
Aejaz Ismail Sayed – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Mr. Rizwan ul Zaman, Advocate.
For the Respondent: Mr. Vishal Sharma, ASGI.

JUDGMENT :

1. The present petition has been filed by the petitioner for quashing charges framed against him vide order dated 24.12.2019 by the court of learned 1st Additional Sessions Judge, Jammu (hereinafter to be referred as trial court) in case, titled, ‘Union of India Narcotic Control Bureau vs. Sheikh Rafi Bhai and another’.

2. Brief facts necessary for the disposal of present petition are that the complaint was filed by the respondent No. 1 against the petitioner and respondent No. 2 for commission of offences punishable under sections 8, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) before the learned Sessions Judge Jammu, that was subsequently transferred to the trial court wherein it was alleged that the complainant received secret information from reliable sources on 20.11.2018 that a person, namely, Sheikh Rafiq Bhai (respondent No. 2) who is a resident of Gujarat is coming to Bus Stand, Jammu from Kashmir Valley along with huge quantity of narcotic drugs. The information was reduced in writing and placed before the Zonal Director NCB Jammu, who, in turn, directed the Intelligence Officer to constitute a team and take action vid

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