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2023 Supreme(J&K) 591

ATUL SREEDHARAN, SANJAY DHAR
Amir Ahmad Bhat – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Bhat Shafi, Adv. with Mr. Abdul Basit Bhat, Adv.
For the Respondent: Mr. Mubeen Wani, Dy. AG.

JUDGMENT :

The present appeal has been filed by the appellant against the judgment of conviction dated 11.10.2022 passed in a case arising from FIR No. 01/2022 of Police Station, Zainapora for offence under Section 8/20 of NDPS Act. The Ld. Trial Court found the appellant guilty of having stored in his house, four nylon bags of contraband weighing 42 kilograms and one nylon bag containing 2 kgms for which he was sentenced to undergo 15 years of rigorous imprisonment.

2. The brief facts of the case are as follows. On 14.02.2022, Police Station, Zainapora, received a source information to the effect that the appellant Amir Ahmad Bhat, a resident of village Awneera, Zainapora, has concealed some narcotics in his house with the intention of selling it. FIR No. 01/2022 was registered for the offences under Section 8/20 of the NDPS Act and investigation was set into motion.

3. During investigation, search warrant of the appellant’s residential premises was obtained from the Executive Magistrate, Zainapora, and in the presence of the Executive Magistrate, house of the appellant Amir Ahmad Bhat was searched and five nylon bags filled with ground Narcotics drug (Charas powder) was recovered fr

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