JUDGMENT

1) The instant reference, in terms of Section 341 of J&K Cr. P.C., has been made by the Judicial Magistrate 1st Class, Akhnoor with report of the circumstances of the case.

2) It appears that on 28.12.2014, one Captain Ankush Luthra of 28 Rajput Battalion submitted a written report with Police Station, Khour stating therein that a Pakistani National was apprehended near post in their area, around Manowar Tawi River. As per the report, the individual was caught by the patrolling party of 28 Rajput Battalion after tracing the movement of the individual crossing the river from Pakistan side at 17.15 hours on 27.12.2014. After checking the individual for any weapons and arms, he was found to be in possession of Rs. 2640/- of Pakistani currency, one razor and one slip with Urdu written on it, two small bags, in which currency notes and razor were found. The apprehended individual was later brought to the Unit and thereafter, brought to the Police Station, Pallanwala and handed over to the Police. Upon enquiry, the Police found that the individual had crossed the border from Pakistan towards India without any passport or travel document. FIR No. 77/2014 for offences under Section