← Library
High Court of Punjab and HaryanaCRM-M/54540/2024allowed

Tarik Ashraf Mir v. State Of Punjab

2025-03-19Mr. Justice Sandeep Moudgil7 pages



         



       

      !" # $$  "    !"

#$ % &     "$'$"

() $  "#% &' * (&)(*+,-.

/

&("   & +"& ) %! "

  ,-.

$/0/.1#   ,.2++34 4"#) # &     -*$  *,5/0//$"

 

*6$*61+3$/2  $4  #   7 "  $   # &"# /  "  8 " &   &% & "

 "SHO Sahib PS Maqsudan Jai Hind. Today I ASI along with ASI Sukhjinder Singh 1057, ASI Balvir Singh 35, S/CT Harpreet Singh 1302 were doing checking of bad elements by laying nakabandi at Adhi Khui Mand Jalandhar Kapurthala GT Road, A car came from Jalandhar side and same was told to stop by giving signal of torch light and on seeing the police party

-2the car driver tried to turn it back then I ASI with the help of police officials stopped the car on suspicion and two young men were in it. I ASI turn by turn asked their names and whereabouts on which the car driver gave his name as Rashid Hussain Thokar alias Sahil son of Muhammad Yusuf resident of village Godra police station District Pulwama (J&K) and another gave his name Tariq Asraf son of Muhammad resident of village Gojra police station District Pulwama (J&K) and on reading the car number PB 08 AN 7097 mark Santro was found.

I ASI Jung Bahadur after apprising them about my name rank and by informing the post said that there is suspicion that you are having some unlawful item with you and you have legal right to get the search conducted from some Magistrate or can get the search conducted from some gazetted officer and same can be arranged. They said that they have confidence on me and I can get their search and search of the car conducted. On which I ASI prepared their consent memos separately and accused signed it and witnesses put their signatures on it. I ASI tried to join the public witness but nobody was joined. then 1 ASI with the help of fellow officials with the help of torch light conducted the search of the car and found a plastic bag lying beneath the seat adjacent to the driver seat of the car and on checking the same poppy husk was found in it.

I ASI arranged the weighing scale to weight the same and on weighing it came 2 KG. I ASI put the same in plastic bag and prepared its parcel and sealed it with seal J.B and prepared sample seal separately. Seal after use was handed over to ASI Sukhjinder Singh. The 2 KG poppy husk parcel bearing seal J.B and car number PB 08 AN 7097 mark Santro without documents was taken into possession by I ASI. Accused Rashid Hussain Thokar alias Sahil son of Muhammad Yusuf resident of village Godra police station District Pulwama (J&K) and Tariq Asraf son of Muhammad resident of village Gojra police station District Pulwama (J&K) by illegally keeping 2 KG poppy husk with them without permit or licence has committed offence u/s 15-61-85 NDPS Act.

The ruqa is written and is sent by hand through S/CT Harpreet Singh to the police station for registration of the FIR. FIR be registered and its number be apprised of. Control room be informed. .

-3- 01( &*,*/ (2(/)/),0(

:  "

#&    

&%8/0 )4   8 &"

! ;       &       &   %   &;&&   ; 

 8    "&% &&%8  <<! ) 4

 0- 9=0-2=;& & ;

 )8&    && 4 8 # !; &&  %& # 01( &*,*/ ($//(   & & & $ #    "

# &   "  & "

 8  &    8 +"$;& & !     !

<

#  &

        & 4"

 & & ##4   )  600!4 8&"

!## "

&<< #7"  8 ,0&3+)+

&  <8$

 4&"

 8  "

4 )8 &    ;8 $ 4&< &  /. 8   ;  ; & &&< 4&4  -,/0/,$"#*- "  ; 

$ & ) ><   $;& & " & +"

&& #"

 #; ##!# 4 <;& &&    

)   )& &)     %$&     &% 4#     & 9"

 & ) 4  &  

4"#) #)89  && +"%    ,*0/0/,

  +99,/-,=9/0/,#   )# "

-4- &(" 4< &>+"   ? 

 

 

       

!

"$;&  & ) &# &&4 ) # 4 #"# " 4

( #        &<    >   #%     &   (" 4<   "  "

 "  

  

                 

    

             

         

      

          

   



   

    

   

  

      

    

         

             

      

    

   !



  " 

 



      

   

        

          

     #            

 $#    

         

                 

    

 

           %      %    

            

          

               & '     

     

 

     

   

  

 

-5-   

   

          



              (    

                 

     

     

      

         

    

    )           



   

  

    

   

     

   

     

    *       

   )          

     

      

             

     

    

  (       

  

      + 

   

                

                   #      

    

       



        , 

  -     

  . 

    &$/    %   %   ,   012$  *        

 

 - , 

    &$/  % %  ,  012$ 3#    

   *  

    

    



                      #      

  

 

           

 

     *

  0  %     

  

      



     

    % (4 + (

%  0$5,602&!4%4%  !

-6- &0/76023!4  8 

48!&657602!06 )%%/35 /#    -     



 

           9- #    ) "(  6020$!)%:. /61   -       ;

  %   ( 

  



< -)) )

, 0156!)%%3/3    



   

 -9    =+.

 (401&% 

&2/ 

        

4  

 

.

   (401$0   $3/   

  

            #       +          



        

     -    2 

 

           

 

     

    #     

      

    

 

  

 

 

  

     

     

     

                         

-        

&$  #"  "&$ &  +"  

 "

  & )  "

< #  ##;& 4&  8 #   )#$     ("

  " 

&   "

  # /*  & +

 "    & 

 "  # 4&

)   &"

  &< &>" ?#   $   

%

#

&  ' 

 (   

)

 )

& $

-7-   ) ;

" &9 %     &"

9 #

&"# ) & 

)#! 4 % ;& ""

   & % 8"

&<    %    & " " 4 %  $  )# &

  < 4 ; & & ; 

  &

&&<#  6$   % ;& "

< & )%$&    &)8  )#   4"#) # &"

& 4) # "8 )

&    & #+"@"84 $     &9  < $&    &)8##;  %$  "' 

   (89* A&& !

4@    B @  A&&)# B @