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2023 Supreme(J&K) 108

SANJAY DHAR
Rizwan Bashir Dhobi – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Umar Mushtaq
For the Respondent: Sajad Ashraf

JUDGMENT :

1. The petitioner has challenged order dated 02.08.2022 passed by 1st Additional Sessions Judge, Srinagar (hereinafter referred to as 'the court below), whereby ten days extension for completing the investigation beyond 180 days has been granted to the Investigating Agency to complete the investigation in FIR 9/2022 for offences under Section 8/21, 22, 27-A and 29 of the NDPS Act registered with Police Station, Nowhatta, Srinagar.

2. According to the petitioner, he was arrested by the police on 03.02.2022 in the aforesaid FIR which has been registered against him and other five co-accused. It has been submitted that the petitioner filed an application claiming default bail before the learned 3rd Additional Sessions Judge, Srinagar, on 2nd August, 2022 i.e., on 180th day and the same was listed on 3rd August, 2022. However, on 2nd August, 2022, itself, on an application filed by respondent before the court below, the impugned order came to be passed whereby extension of ten days beyond the period of 180 days for completing the investigation has been granted to the respondent.

3. The petitioner has challenged the impugned order on the ground that the requirements of Section 3

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