Sr. No. 21 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 136/2024 CrlM No. 323/2024 Afaq Ahmad Wani …. Petitioner/Appellant(s) Through:- Mr. M. A. Goni, Sr. Advocate with Mr. Tanzeel Illahi, Adovcate V/s Union of India & ors. …..Respondent(s) Through:- Mr. Vishal Sharma, DSGI & Mr. Vipin Kalra, PP, NIS CORAM:HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 05.02.2025 01. In the instant petition, the petitioner herein is seeking quashment of impugned order dated 15.11.2023, qua the petitioner passed by the Court of learned 3rd Additional Sessions Judge, Jammu in case titled National Investigation Agency vs Abdul Momin Peer & ors. by virtue of which, Trial Court has framed charges under Section 8/21/25/29 NDPS Act, Section 120-B read with Section 17 and 40 of UA(P) Act. 02. Mr. M. A. Goni, learned senior counsel appearing for the petitioner has stated at Bar that he does not want to press this petition. He has relied upon an order dated 30.10.2024 passed by the Division Bench in case titled Islam Ul Haq Peer vs. Union of India {i.e., Crl A(D) No. 12/2024}, which is taken on record, whereby it was directed as under:- “After arguing for a while, as on date, this Court is of the opinion that the trial court be requested to record the statement of 2 seizure witnesses relating to the appellant herein as expeditiously as possible. List this case on 03.02.2025. It is made clear that if the statements of the said witnesses are not recorded by or before the next date of hearing, this Court shall be at liberty to hear and decide the matter on merits and on the aspect of delay as well”. 03. Learned senior counsel submits that the petitioner would be satisfied, if the instant petition is disposed of with a direction to the Trial Court to record the statement of the witnesses pertaining to the petitioner, as expeditiously as possible. 04. Mr. Vishal Sharma, learned DSGI appearing for the respondents is not averse to the submission made by learned senior counsel. 05. Be that at it may, the instant petition is disposed of with consent of the parties thereby requesting Trial Court to record the statement of the witnesses, pertaining to the petitioner, as expeditiously as possible, in accordance with law. (MOKSHA KHAJURIA KAZMI) Judge JAMMU RAM MURTI/PS 05.02.2025 Whether the order is speaking : Yes Whether the order is reportable : No Ram Murti 2025.02.07 13:13 I attest to the accuracy and integrity of this document