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2023 Supreme(J&K) 188

RAHUL BHARTI
Mohd. Syed Shah – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vikram Sharma, Sr. Advocate with Mr. Sachin Dev Singh, Advocate.
For the Respondent: Mr. Vishal Sharma, DSGI.

ORDER :

1. The petitioner is one of three accused persons who are undergoing trial in a criminal complaint filed by Narcotics Control Bureau (NCB), Jammu for alleged commission of offences under sections 8/20/29/60 of the Narcotics Drugs and Psychotropic Substances Act, Svt. 1985 (in short ‘NDPS Act, 1985’) pending trial before the court of the learned Principal Sessions Judge, Samba on File no. 22/Spl.Challan.

2. The petitioner has been implicated as an accused in the case on the basis of an event as set out in the complaint that on the basis of secret information received from reliable resources on 22.10.2014 that a Truck bearing registration no. JK13A-4571 on its way from Kashmir via Dhar Road, Samba to Kalibari, Kathua is meant for an alleged delivery of consignment of Charas. This input resulted in an investigation team set up which came to position a Nakka at Dhar Road near village Nud, Samba on 22.10.2014 at about 2200 hours keeping in company two by standers as a witnesses.

3. As alleged, the said Truck came to be intercepted driven by accused no. 2 – Nazir Ahmed Lone along with company of accused no. 1 – Irshad Ahmed Parray and the Truck cleaner, namely, Zakir Mushtaq Bandh.

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