CRM(M) 640/2025
1.The investigation in case FIR No. 119/2022 under Sections 8/15 and 29
of the Narcotic Drugs & Psychotropic Substances Act, 1985
(hereinafter referred to as the „NDPS Act‟ for short) and Section 207
of the Motor Vehicles Act, 1988, of Police Station, Kulgam
culminated into a final report/charge-sheet against three accused
persons, including the present petitioner namely Mohammad Yaqoob
Beigh S/o Mohammad Abdullah Beigh R/o Jan Mohalla, Shopian,
under the aforesaid sections of law.
2.The accused, except the petitioner, came to be arrested during
investigation and, as such, they have been facing the trial right from
the beginning. That the present petitioner, as an accused in the case,
could not be arrested by the Police Station concerned during the
investigation of the case on account of the alleged fact of his going
1 Bail App 13/2026 c/w CRM(M) 640/2025
missing without his whereabouts being immediately known. The
Police Station concerned, accordingly, made a prayer in the final
report/challan that proceedings in terms of the provisions of Section
299 of the Code of Criminal Procedure, 1973 (erstwhile Central Code,
now repealed but applicable in the case and hereinafter referred to as
the „Code‟ for short), corresponding to the provisions of Section 325
of the Bharatiya Nagarik Surkasha Sanhita, 2023 (hereinafter referred
to as the „BNSS‟ for short) may be initiated as against the petitioner-
accused. At the presentation of the charge sheet, the statement of the
IO of the case came to be recorded and the ld. Trial Court proceeded
at the trial of the case.