Jammu & Kashmir High Court
Jahingeer Ahmad Yatoo vs Ut Of J&K on 18 August, 2025
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
Sr. No. 63
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No. 431/2022
CrlM No. 885/2022
Jahingeer Ahmad Yatoo .... Petitioner/Appellant(s)
Through:- None.
V/s
UT of J&K .....Respondent(s)
Through:- Mr. P D Singh, Dy. AG
CORAM: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
18.08.2025
1. There was no representation on behalf of the
petitioner for the last two consecutive dates, i.e., 31.05.2024
and 19.05.2025. Today also, no one has put in appearance
on his behalf. It appears that the petitioner has lost interest
in pursuing the present writ petition.
2. Mr. P.D. Singh, learned Deputy Advocate General,
appearing on behalf of the respondent, submits that the
charge framed against the petitioner vide order dated
25.09.2021 by the learned 2nd Additional Sessions Judge,
Jammu (hereinafter referred to as the “Trial Court”) has
been challenged in the present petition.
3. The impugned charge sheet (Challan) has been
challenged on the following grounds:
(i) that even if the entire contents of the challan are
taken at its face value, the same would not result in
conviction;
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(ii) that the only allegation against the petitioner is with
respect to a statement allegedly made under Section
25 of the Evidence Act, which would not be legally
admissible;
(iii) that any statement under Section 164 of the C.r.P.C.
must be recorded before a Magistrate strictly in
accordance with the procedure prescribed under
that provision and in compliance to the legal
formalities laid down in Section 164 Cr.P.C, any
statement which is not in accordance with Section
164 Cr.P.C cannot be proved as a confessional
statement by the accused;
(iv) that there is no direct or indirect evidence against the
petitioner which could ever connect him with the
commission of alleged offence and from the bare
perusal of the Challan it is crystal clear that the
petitioner has not committed any offence as alleged
by the respondent;
4. Learned counsel for the respondent has taken the Court
through the impugned order passed by the Trial Court,
which is under challenge in the present petition. After
hearing the counsel for the parties, the Trial Court found
sufficient grounds to frame charges against the accused
persons. Specifically, it was observed that there were
grounds to believe that accused Nos. 1 and 2 had committed
offences punishable under Sections 8,15,25,29 of the NDPS
Act, and that accused No. 3 had committed offences under
Sections 8,15, 25, and 29 of the NDPS Act read with Section
201 of the IPC.
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5. As per the prosecution case, on 02.07.2020, the Anti-
Narcotic Task Force received credible information regarding
a truck bearing registration No. JK 18-4311, which was
allegedly transporting a large quantity of poppy straw-like
substance being smuggled from Kashmir to Punjab by
unknown persons. On this information Case FIR No.
19/2020 under Section 8/15/29 NDPS Act was registered at
PS Crime Branch Jammu and investigation entrusted to the
I/O Inspector Sanjeet Sharma. During the Course of
Investigation I/O proceeded towards NHW 44 Sidhra
Nagrota bye pass road Jammu along with staff of ANTF
Jammu and senior Officers of Jammu also informed
telephonically to reach on NHW 44 Sidhra Nagrota bye pass
road JK Forest Department bamboosetum park. I/O along
with other officers/officials laid naka near JK. Forest
Department Bamboosetum Park NH 44 Sidhra Narwal Road
Jammu and started checking of trucks coming from Nagrota
side. During checking truck bearing registration No. JK18-
4311 was stopped for checking. EMIC concerned and
photographer/videographer of crime branch Jammu were
informed telephonically through PCR Jammu to reach on the
spot. In presence of EMIC Sidhra Bajalta checking of the
truck bearing registration No. JK 18-4311 was conducted.
During checking some plastic bags were found concealed
under empty fruit crates loaded in the above mentioned
truck. All the concealed plastic bags were unloaded and
found to be 44 in number. On opening of 44 plastic bags,
poppy straw like substance was found. On questioning
driver disclosed his name as Mohd Afzal Khan S/o Ab.
Ghani Kham R/o Hundoora Tral Pulwama and co-driver as
Momin Hasan Chopan S/o Gh. Hasan Chopra R/o Midoora
Awantipora. Notice U/s 50 of NDPS Act has been served to
both of them and briefed by I.O in their known language in
the presence of EMIC Sidhra Bajalta. Personnel search
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memo of both the accused was prepared on spot in presence
of EMIC Sidhra Bajalta and witnesses. Legal Metrological
Department Officer was also informed telephonically through
PCR Jammu to reach on the spot with calibrated weighing
machine. On reaching, legal metrological officer weighed 44
plastic bags packed with Poppy Straw like substance. Total
weight of 44 plastic bags was found to be 1200 Kgs. Out of
44 plastic bags 44 samples of 200 gms each were extracted
and marked as 1A-44A for Chemical Analysis by FSL
Jammu and 44 samples of 200 gms each were also extracted
and marked as 1B-44B as reserve samples and remaining
main 44 plastic bags were marked as 1-44. All the 88
samples and remaining 44 main bags were sealed by EMIC
Sidhar Bajalta and signed on the spot by EMIC I/O, witness
and accused persons. Video graphy and photography was
conducted by Videographer and photographer of Crime
Branch Jammu. I/0 prepared site plan, seizure memo of
Poppy Straw like substance, truck, empty fruit crates,
recorded statement of witness u/s161 Cr.P.C on spot,
seizure memo Poppy straw like substance was attested by
EMIC Sidhra Bajalta 44 samples marked as 1A-44A to be
deposited with FSL Jammu for Chemical Analysis, 44
reserve samples marked as 1B-44B and remaining
Main plastic bags marked as 1-44 were deposited in the
Maalkhana of PS Crime Branch Jammu under project
receipt, during questioning both of the accused stated that
they received the consignment of Poppy straw from owner of
truck namely Jahingeer Ahmed Yatoo S/o Gh. Rasool Yatoo
R/o Midoora Awantipora. The statement of Javed Ahmed
Dar S/o Rasool Dar recorded u/s 161 CrPC (registered
owner of truck Jk 18-4311) who stated that he has sold his
truck in 2012 and at present the above mentioned truck is
in the procession of Jahingeer Ahmed Yatoo who purchased
it from one person namely Khursheed Ahmed Shah S/o Gh.
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Ahmed Shah R/o Androosa Tehsil Pampore Pulwama
against affidavit duly attested by Notary. In this regard I/o
recorded the statement of Khurshid Ahmed Shah s/o Gh.
Ahmed Shah u/s 161 CrPC who produced an affidavit in
this regard. Jahingeer Ahmed Yatoo was arrested on
06.12.2020. During questioning accused Jahingeer Ahmed
Yatoo stated that the Mobile No. 9541488486 was
purchased by him in the name of Momin Hasan Chopan and
was using it for illicit smuggling of Narcotics. During
questioning Jahingeer Ahmed Yatoo disclosed that Masood
Ahmed Dar S/O Ab. Rahman Dar R/O Tulkhan Bibehara
provided the above consignment for further delivery at
Jalandhar Punjab further Jahingeer Ahmed Yatoo stated
that he handed it over to accused person Mohd Afzal Khan
and Momin Hasan Chopan for further delivery at Jalandhar,
Punjab. On reaching Jalandhar they have to inform Masood
Dar through Jahingeer about their present location, so
Masood Dar can send his contacts at Jalandhar to collect
the same from them. Accused persons (driver Mohd Afzal
Khan and co-driver namely Momin Hasan Chopan) will
receive Rs, 10000/- each from Jahingeer Ahmed Yatoo after
delivering the consignment at Jalandhar, Punjab and
Jahingeer Ahmed Yatoo will receive Rs 50000/- from
Masood Ahmed Dars/o Ab. Rahman Dar r/o Tulkhan
Bijbehara. On 30.06.2020 with common criminal intention
of driver namely Mohd Afzal Khan s/o Ab. Ghani Khan R/O
Hundoora Tral Pulwama, co-driver namely Momin Hasan
Chopan s/o Sh. Hasan Choptan R/o Midoora Awantipora
with the connivance knowingly permits by the owner of
truck namely Jahingeer Ahmed S/o Gh. Rasool Yatoo R/o
Midoora Awantipora and main supplier namely Masood
Ahmed Dar S/o Ab. Rahman Dar R/o Tulkhan Bijbehara
loaded 1200 kgs of Poppy Straw from Sangam Kashmir in
truck bearing registration No. JK 18-4311 and concealed it
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under empty fruit crates and both driver and co-driver left
for Jalandhar, Punjab from Kashmir. On 02.07.2020 at
1930 hrs the above mentioned truck was stopped at naka
point laid near JK Forest Bamboosetum Park, Sidhra,
Narwal Bye Pass 44 Jammu by Anti Narcotics Task Force
Jammu and recovered 1200 kgs of Poppy straw concealed
under empty fruit crates. It is pertinent to mention here that
Masood Ahmed Dar S/o Abdul Rahim Dar R/o Tulkhan
Bijbehara is also wanted in Case FIR 21/2020 u/s 8/20/29
NDPS Act PS CBI and Case FIR No. 67/2020 u/s
8/21/22/27-A/29 NDPS Act of PS Lakhanpur (presently
under investigation with ANTF CBI) in case FIR 67/2020
accounts of Masood Ahmed Dar are freeze by Anti Narcotics
Task Force Jammu. Thus in view of the above offences u/s
8/15/25/29 NDPS Act stands proved against the accused
persons namely 1. Mohd Afzal Khan S/o Ab. Ghani Khan
R/o Hundoora Tral Pulwama 2. Momin Hasan Chopan S/o
Gh. Hasan Chopan R/o Midoora Awantipora. 3. Jahingeer
Ahmed Yatoo S/o Gh. Rasool Yatoo R/o Midoora
Awantipora. 4. Masood Ahmed Dar S/o Ab. Rahim Dar R/o
Tulhan Bijbehara Kashmir and read with 201 IPC against
Jahingeer Ahmed Yatoo. In the above cited case search of
the main supplier Masood Dar S/o Ab. Rahim Dar R/o
Tulkhan Bijbehara has been going on and as and when
Masood Ahmed Dar traced/arrested supplementary charge
sheet against him will produced separately before the
Hon’ble Court of law. However accused persons namely
Mohd Afzal Khan, Momin Hasan Chopan and Jahingeer
Ahmed Yatoo are under judicial custody. On the basis of
charge framed by the Trial Court vide order dated
25.09.2021 the only allegation against the petitioner is that
the confession made by the two accused persons namely. 1.
Mohd Afzal Khan S/o Ab. Ghani khan R/o Hundoora Tral
Pulwama. 2. Momin Hasan Chopan S/o Gh. Hasan Choptan
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R/o Midoora Awantipora and the confession against the
petitioner himself but on charge sheet there is no record of
any confessional statement against the petitioner.
6. Having carefully perused the record, including the
impugned order, this Court is of the view that prima facie
the offences for which accused have been charged under
NDPS Act and IPC appear to have been committed. The
order passed by the Trial Court, therefore, cannot be
interfered with at this stage. No jurisdictional error,
illegality, or perversity is discernible in the framing of
charges.
7. Resultantly, the writ petition is dismissed.
(Vinod Chatterji Koul)
Judge
Jammu:
18.08.2025
AMIT