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2022 Supreme(J&K) 1

SINDHU SHARMA
G. H. Hassan Pachu – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.K.S. Thakur.
For the Respondent: Mr. Jamrodh Singh.

JUDGMENT :

SINDHU SHARMA, J.

1. The petitioner has invoked the inherent power of this Court under Section 561-A of Cr.P.C. for quashing the judgment and order dated 16.12.2014 passed by the learned Principal Sessions Judge, Ramban, by virtue of which the application of the petitioner seeking release of Rs. 2,50,000/- and Rs. 720/- which was seized by the Police from him has been dismissed.

2. On 20.10.2009, S.H.O. Police Station, Banihal, received an information that the petitioner, an over ground worker was moving with some money which he had to handover to the District Commander Ayaz code Mussa and during checking of the Vehicle No. JK-14A/8262, it was found that four persons were travelling in the Tata Sumo, including the petitioner while three of them were empty handed but the petitioner was having a bag containing 150 notes of Rs. 1,000/- denomination and 200 notes of Rs. 500/- denomination. The petitioner was also in possession of three Nokia mobile phones and a letter on the letter pad of Lashkar-e-Toiba.

3. The petitioner was charged under Sections 17, 20, 21 and 40 of the Unlawful Activities Prevention Act, 1967 to which he pleaded not guilty. The trial Court dismissed the Cha

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