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2021 Supreme(J&K) 272

Masood Ahmed – Appellant
Versus
State through S. H. O. P/S Mendhar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M.A. Bhat.
For the Respondent: Mr. Jamrodh Singh.

ORDER :

1. Order dated 07.06.2017 passed by the Court of learned Sessions Judge, Poonch (for short ‘the trial Court’) is being challenged by the petitioner herein, while invoking the inherent jurisdiction of this Court.

2. According to the petitioner, a challan under FIR No. 59/2017 for offences under Section 8/15/20/21/22/29 of NDPS, Act came to be presented by the respondent in respect of an alleged recovery of contraband from the possession of the petitioner alleging recovery of the contraband on 31.03.2017 at around 7:30 P.M. during a Naka laid by Dy. SP Operations Dr. Mohd. Saleen Bhat at Bhatakas, Mehndar.

3. According to the petitioner, after framing of charges by the trial Court, prosecution was directed to produced evidence as a consequence whereof, statement of PW-1 namely, Dy. SP. Operations Dr. Mohd Saleem Bhat came to be recorded on 24.05.2017 and 25.05.2017 and during his cross-examination, the witness was confronted with call detail records (CDR) pertaining to his cell phone number which revealed that at that relevant time, the said witness was in Poonch Town, at a distance of 50 Kms away from the place of Naka and that during cross examination, the witness confirmed ce

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