Through: –
Mr. Mubashir Malik, Dy.AG.
CORAM:
HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE
(ORDER)
07.03.2025
1. Mr. Mubashir Malik, learned Dy. AG appears in the matter on behalf
of the respondent. Response, if any shall be filed by the next date of
hearing.
2. Heard the learned counsel for the applicant-petitioner in respect of his
prayer for grant of interim relief in applications bearing CrlM Nos.
244/2025 and 245/2025. It is inter alia submitted by the learned
counsel for the applicant-petitioner that the FIR bearing No. 222/2010
came to be registered with the Police Station Anantnag way back on
31.05.2010 under Section 6/13 of Drugs and Cosmetics Act and 3/7 of
Essential Commodities Act in which the petitioner came to be bailed
out by the competent Court on 01.06.2010. That the investigation in
the case continued till 22.02.2025 for a period of about 15 years when
the Police Station concerned presented the final report in terms of
Section 173 Cr.PC corresponding to Section 193 of BNSS before the
learned Special Judge designated under NDPS Anantnag. The learned
trial court through its order dated 22.02.2025, passed on the final
report/challan returned the same as being not in accordance with law.
It has been pin pointed by the learned trial court in its order that the
investigation in the case which started initially under the offences
falling under Cosmetics and Drugs Act and Essential Commodities
Act continued to be going on for a period of fifteen years and at the
fag end of the investigation, offence under 8/21 of the NDPS Act
came to be added in case FIR.
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