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2025 Supreme(Online)(J&K) 679

HIGH COURT OF JAMMU AND KASHMIR
Sanjay Parihar, Sanjeev Kumar, JJ
UT of Jammu & Kashmir through SHO Police Station Hajin, Bandipora – Appellant
Versus
Tanveer Ahmad Mir and others – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Navbahar Khan, Mr. Mohsin Qadri
For the Respondents: Mr. N. H. Shah, Ms. Swaiba

JUDGMENT

Sanjay-Parihar-(J)

1. Through the medium of this appeal challenge is thrown to acquittal of respondents in case FIR 35/2020 of PS Hajin u/s 13, 18, 20, 23, 39 ULA(P) Act, 7/25 Arms Act 120-B 124-A of IPC passed by learned Sessions Judge, Bandipora (Incharge Special Judge under NIA Act), [‘the trial Court’].

2. The appellant claims that the trial Court has failed to appreciate the evidence and has improperly discredited the statement of the prosecution witnesses. It has placed reliance on such contradictions which were immaterial and did not blow-away the prosecution case. The trial Court has landed in error by improper interpretation of disclosure memos recorded under Section 27 of the Evidence Act and had disbelieved such disclosure and recovery. Whereas, the recoveries were proved to be correct and led to the admission of fact by the respondents to form a complete chain linking them to the offences.

3. Briefly stating, the case put up against the respondents happen to be that, on 6th September 2020, PS Hajin received information from reliable sources that unknown associates of LeT Organisation have hoisted Pakistani National Flag to spread terror among general public and i

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