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2021 Supreme(J&K) 429

ALI MOHAMMAD MAGREY, SANJEEV KUMAR
Sheikh Mohammad Aslam – Appellant
Versus
UT of J&K Th. Senior Superintendent of Police, Crime Branch – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. Shuaj Ul Haq, Advocate
For the Respondent(s):Mr. Mohsin Qadri, Senior Advocate with Ms. Jasia Ali, Advocate

Judgment

1. In the instant petition, the petitioners challenge to order of the learned Special Judge, Anti-Corruption, Kashmir, Srinagar, dated 14th of May, 2021, passed in the application titled Sheikh Mohammad Aslam & Anr vs UT of J&K through Superintendent of Police, Crime Branch, Srinagar, Kashmir, and seek its quashment with further direction to release the amount of Rs. 9.00 lakhs in favour of the petitioners. The petitioners seek release of the seized amount as also quashment of order impugned dated 14th of May, 2021, on the grounds detailed out as under:

    (a) That the order impugned dated 14-5-2021 is bad in law and has been passed by the Ld. court of Special Judge (Anti-Corruption) Srinagar in a most casual and mechanical manner. It is submitted that while passing the order impugned, the Ld. court of Special Judge (Anti-Corruption) Srinagar has not correctly appreciated the facts and circumstances attendant to the case of the petitioners vis-à-vis the release of cash amount of Rs. 9.00 lakhs which was taken out from the possession of the petitioners and seized by the respondent during the search. It is submitted that in the order impugned dated 14-5-2021, the main ground fo

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