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2023 Supreme(J&K) 348

WASIM SADIQ NARGAL
G. M. Bhat, S/o Jalaluddin Bhat – Appellant
Versus
State of JK through SHO Police Station Udhampur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.A.Qayoom, Advocate.

JUDGMENT :

1. The instant Writ Petition has been filed on behalf of the petitioners, whereby they have called in question the impugned orders dated 30.06.2008, 17.11.2008 and 30.06.2009 passed by respondent No.2 and 3 i.e., Designated Authority under Unlawful Activities (Prevention) Act, 1967, (Divisional Commissioner), Jammu and Sessions Judge Udhampur, respectively. Petitioners, by issuance of writ of mandamus against the respondents, are also seeking that the properties seized from the two residential houses/accommodation of the petitioners located in Delhi and Hyderpora, be released in favour of the petitioners on any condition which the Court may deem fit and proper under the facts and circumstances of the case.

2. With a view to appreciate the controversy involved, it would be apt to give brief factual background of the instant case.

3. A notice was issued by respondent no.2 on 26.03.2008 to the petitioners indicating therein that Deputy Superintendent of Police, HQ Udhampur, after obtaining search warrant from the CJM Udhampur duly endorsed by Metropolitan Magistrate, Delhi, conducted search of their houses situated at Nadira Apartment 2nd Floor, Johri Farm, Okhla, New Delhi on

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