Disposed

Farooq Ahmad Mantoo and Anr. v. Union Territory through Police Station Kothi Bagh (Home Department)

J&K HC13 Jul 2021CRM(M)/172/2021

Case brief

AI extract

What is this about?

The Court held that since the second petitioner has already moved an application for release of the seized vehicle before the Trial Court, the instant petition need not be decided on merits. The Trial Court was directed to consider the said application within two weeks.

What did the court decide?

Directed the Trial Court to consider the application for release of seized vehicle and pass orders within two weeks.

Farooq Ahmad Mantoo and Anr. Vs Union Territory… — Pension and Retirement Benefits | J&K HC (2021)

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Serial No. 229 After Notice. Cause List.

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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

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….

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CRM(M) no. 172/2021

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Farooq Ahmad Mantoo and another

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……. Petitioner(s) Through: Mr. Rizwan-ul-Zaman, Advocate

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Versus

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UT of JK Through P/S Kothi Bagh

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…….. Respondent(s) Through: Mr. B. A. Dar, Sr. AAG

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CORAM:

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HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

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This petition under section 482 of the Code of Criminal Procedure is filed by two petitioners, namely, Farooq Ahmad Mantoo and Jahangir Ahmad Dar, seeking quashment of order dated 28^th April 2021, passed in application moved by the petitioner-Farooq Ahmad Mantoo for release of vehicle bearing registration no.DL8CAK-7651, which has been seized in case FIR No.4/2021 under Sections 8/20 of NDPS Act, 207 Motor Vehicles Act.

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From the perusal of order impugned, it transpires that the Court of First Additional Sessions Judge, Srinagar, has rejected the application on the ground that the petitioner-Farooq Ahmad Mantoo does not have any locus standi to file the application as he is neither the registered owner nor was in the custody of the seized vehicle on the date it was seized.

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Without entering into the merits of this petition, Mr. Rizwan-ul-Zaman, learned appearing counsel for petitioners, submits that the petitioner No.2, who was in possession of the vehicle at the time it was seized, has filed an application for release of the vehicle before the Trial court and

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he would feel satisfied if the instant petition is disposed of by directing the learned Trial court to consider the application of petitioner-Jahangir Ahmad Dar and pass appropriate orders on merits within some timeframe. Mr. B. A. Dar, learned Sr. AAG, is not opposed to this prayer of the petitioners.

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Having heard learned counsel for the parties and perused the material on record, I am of the opinion that in view of fair submission made by learned appearing counsel for petitioners, this petition need not to be decided on merits.

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Having regard to the fact that the petitioner no.2-Jahangir Ahmad Dar, has already moved an application for release of seized vehicle before the Trial court, it shall be appropriate and also in the interest of justice to direct the Trial court to consider the said application and pass appropriate orders as may be permissible under law within a period of two weeks from the date copy of this order is served upon him. Ordered accordingly .

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Disposed of .

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	(Sanjeev Kumar)
	Judge
Srinagar
13.7.2021
“Manzoor”

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MANZOOR UL HASSAN DAR 2021.07.14 11:19

Farooq Ahmad Mantoo and Anr. v. Union Territory through Police Station Kothi Bagh (Home Department)

Case brief

What is this about?

What did the court decide?

Farooq Ahmad Mantoo and Anr. v. Union Territory through Police Station Kothi Bagh (Home Department)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

Coram

Case details

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