Javaid Ahmad Malik vs Union Territory Of J&K And Ors
2021 Latest Caselaw 371 j&K/2

Serial No. 101
ADMISSION
                     IN THE HIGH COURT OF JAMMU AND KASHMIR
                                  AT SRINAGAR
                                                                     CrlM No. 195/2021
                                                              In Crl A (D) No. 19/2020

           Javaid Ahmad Malik
                                                                           Appellant(s)

                                    Through:-   Mr. Mohammad Ashraf, Adv.
                                            Vs.
           Union Territory of J&K and Ors.
                                                               Respondent(s)

                                           Through:-    Ms. Asifa Padroo, AAG.

           CORAM:-
                               Hon'ble Mr. Justice Ali Mohammad Magrey, Judge.
                               Hon'ble Mr. Justice Rajnesh Oswal, Judge.

                                                (O R D E R)
                                                 31-03-2021

     01. The instant appeal has been filed by one Javaid Ahmad Malik

           questioning the order dated 12.10.2020 passed by the Court of Special

           Judge (Designate Court under NIA) Anantnag on an application seeking

           release of the vehicle (Troller) bearing Registration No. JL03E-8904

           seized in Crime No. 83/2020 under Section 307/IPC, 7/27 Arms Act 13,

           16, 18, 19, 20, 38 and 39 ULAP Act registered with Police Station,

           Yaripora in terms whereof the trial court on consideration of the matter

           and after hearing learned counsel for the parties with due regard to the

           matter qua the material on trial, rejected the application.

     02. Learned counsel for the appellant submits that the charge sheet in the

           matter has not been filed. In order to buttress his arguments, he has

           placed reliance on the judgment of the Supreme court in AIR 2003

           Supreme court 638 titled Sunderbhai Ambalal Desai Vs. State of Gujarat.
AASIF GUL
2021.03.31 03:46
I attest to the accuracy and
integrity of this document
                                                  2
                                                      CrlM NO. 195/2021
                                                      In CRlA (D) No. 19/2020

     03. On the other hand, learned counsel appearing for the respondents submits

           that the learned trial court has rightfully applied its mind while deciding

           the application.

     04. We have perused the impugned order, considered the matter and perused

           the record available. We have also heard learned counsel for the parties.

     05. Since on thoroughful consideration and on applying our mind qua the

           illegality of the order, we are satisfied that there is no infirmity or

           illegality in the order and same deserves to be confirmed. However, we

           are also in agreement for granting liberty to the appellant to approach the

           trial court for seeking release of the vehicle on the grounds available

           subsequent to the filing of the application.

     06. In view of the above, this appeal is found without any merit and same is

           dismissed with liberty to the appellant to approach the trial court for

           seeking release of the vehicle on the grounds available subsequent to the

           filing of the application.

     07. We deem it open for the trial court to decide the application, if any, filed

           on merits without getting influenced by the order passed by this Court.

           Any observation for recording the finding shall not form any impediment

           for the trial court to consider such an application.

                     .

(Rajnesh Oswal) (Ali Mohammad Magrey) Judge Judge

SRINAGAR 31.03.2021 "Aasif"

AASIF GUL 2021.03.31 03:46 I attest to the accuracy and integrity of this document