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2025 Supreme(Online)(J&K) 818

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
Mohd Yousuf Wani, J
Mohammad Sidiq Lone – Appellant
Versus
Union Territory of J and K – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S.M. Saleem
For the Respondents:

Table of Content
1. inadequate basis for legal proceedings. (Para 2 , 3)
2. requirement of evidence for abscondance. (Para 4 , 5 , 8)
3. court's duty in assessing evidence before proceeding. (Para 10 , 12)

ORDER

13.08.2025

1. Heard.

2. Through the medium of the instant petition filed under the provisions of Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the ‘ BNSS ’ for short), the petitioner has sought the quashment of the order dated 12.12.2022 of the learned Principal Sessions Judge (Special Judge under ‘NDPS’ Act), Kupwara (hereinafter referred to as the ‘Trial Court’ for short) as being illegal and against procedure.

3. The case of the petitioner in nutshell is that he has been involved in the case FIR No. 72/2022 dated 15.10.2022 of P/S Sogam under Section 8/20, and 29 NDPS Act on the mere disclosure statement unproceeded by any sort of recovery made by the co-accused who were allegedly apprehended on the incident day from a public bus carrying contraband narcotic drug i.e., charas. That he was not aware of his alleged involvement in the case FIR during the investigation of the case and now the fact has been learnt by him after the presentation of the fin

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