Jammu and Kashmir High Court Seeks Explanation Over FIR Registered Before Alleged Recovery of Weapons in 2019 Terror Case | Kashmir Life

SRINAGAR: The High Court of Jammu Kashmir and Ladakh at Jammu has flagged a procedural irregularity and missing original case record in a 2019 arms recovery matter, observing that the FIR was registered prior to the alleged commission of offences and seeking clarification from the prosecution and investigating agency.

Hearing Bail Application No. 370/2025 filed by Sabeel Ahmad Baba, Justice Rahul Bharti noted that FIR No. 0061/2019 was registered at Police Station Lakhanpur at 8:30 am on September 12, 2019, whereas the alleged interception of a truck and recovery of arms took place at 9:45 am the same day.

The court described the sequence reflected in the record as a “very striking aspect”, requiring serious judicial scrutiny as the FIR appeared to have been lodged before the occurrence of the alleged offence.

According to the prosecution, truck No. JK-13E/2000, allegedly driven by the petitioner, was intercepted at Lakhanpur, leading to the recovery of four AK-56 rifles, two AK-47 rifles and six loaded magazines containing 30 rounds each. The petitioner along with co-accused Ubaid-ul-Islam and Jahangir Ahmad Parray was arrested on the spot. Two additional accused were later added during investigation, while Ashiq Ahmad Nengroo alias Ashiq Molvi was also named as accused No. 6.

The final police report was submitted in March 2020, invoking Sections 120-B and 201 of the Ranbir Penal Code, Sections 13, 18, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967, and Sections 7/25 of the Arms Act.

During the proceedings, the court further noted that the original FIR was not part of the trial record. It observed that although the FIR had been submitted before the Chief Judicial Magistrate, Kathua, it was not received by the designated trial court despite being requisitioned, and only a copy obtained from the prosecution was placed on record.

The court has directed the prosecution to clarify whether the investigating officer, Dy SP Kamal Dev Bhagat, remains in service, and if so, to ensure his personal appearance on the next date of hearing. It has also sought a detailed chronology of prosecution witnesses examined so far and those yet to be examined.

The accused have remained in custody since their arrest in September 2019 and are presently under trial. The matter has been listed for further hearing on June 5, 2026.