MOHAMMAD RAFIQ SHAH v. UNION TERRITORY THROUGH POLICE STATION CHADOORA (HOME)
CRM(M)/133/2025 · 2025-03-17
Rahul Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6656 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6656 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 6 Regular list HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) 133/2025 CrlM (279/2025) MOHAMMAD RAFIQ SHAH …Petitioner(s)
Through:
MR. TAHIR NAZIR, ADVOCATE. Vs.
UNION TERRITORY THROUGH POLICE STATION CHADOORA (HOME)
...Respondent(s) Through:
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE
ORDER 17.03.2025
1. The petitioner is aggrieved of an order dated 01.10.2024 passed by the Court of Additional Sessions Judge (Fast Track Court) Budgam, whereby the petitioner, who is the sole accused having sought release of seized articles found upon his personal search at the time of his arrest has been denied the release and his application for the purpose has suffered rejection.
2. The order dated 01.10.2024 passed by the Additional Sessions Judge Budgam except for recital that the seized articles are piece of evidence which cannot be admitted to release at this stage bear no reasoning as to how the articles as mentioned in the order about which the release was sought are forming the case property so as to admit of non-release at the instance of the petitioner-accused.
3. The order dated 01.10.2024 of the Additional Sessions Judge Budgam, is thus set aside with a direction to the learned Additional Sessions
Judge Budgam to pass an order bearing reasoning by first making a statement of facts in the order with respect to the nature of seizure related to the articles in reference and then dispose of the application on merits within a period of one month from the date of receipt of certified copy of this order.
4.
Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR
17.03.2025. Hilal Ahmad