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2022 Supreme(J&K) 684

SANJEEV KUMAR, MOHAN LAL
National Investigation Agency Through Its Chief Investigating Officer, Jammu – Appellant
Versus
3rd Additional Sessions Judge District Court, Jammu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vishal Sharma

JUDGMENT :

Sanjeev Kumar, J.

1. Chief Investigating Officer of National Investigating Agency (NIA) Sanjay Nagpal along-with public prosecutor filed an application under Section 267 of CrPC before the Court of Special Judge U/S 11 of the NIA Act (3rd Additional Sessions Judge) [“the trial court” for short] seeking production warrant against one Abdul Jabbar @ Jabbar S/o Abdul Habib R/o H. No. 3919 Urdu Bazar near Jagat Cinema Chandni Chowk Delhi lodged in judicial custody in District Jail Bilaspur in FIR No. 288/2017.

2. In the application, it was pleaded that NIA New Delhi has registered a case bearing No. RC-16/2016/NIA/DLI, dated 16th December 2016 for commission of offence under Section 17 of The Unlawful Activities (Prevention) Act, 1967.

3. The case relates to large scale transfer of funds from Pakistan to India through the import of California almonds and other items via cross LoC trade facilitation centres located at Salamabad, Uri, and Chakkan-da-Bagh, Poonch, for their purported use for fomenting terrorism in J&K. It was claimed by the appellant herein in his application that during investigation, Mr. Abdul Jabbar has been found to be involved in the said LoC trade and is awar

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