Court highlights serious irregularities in FIR registration timing and missing original documents; orders Investigating Officer's appearance
In a significant development, the Jammu and Kashmir High Court, presided over by Justice Rahul Bharti, has brought to light severe procedural irregularities in the case of Sabeel Ahmad Baba v. UT of J&K. The case, involving serious allegations of arms possession under the Ranbir Penal Code, the Unlawful Activities (Prevention) Act, 1967, and the Indian Arms Act, 1959, has been marred by discrepancies that have raised questions about the integrity of the investigation process.
The court's attention was particularly drawn to the unusual timing of the FIR registration. The FIR No. 0061 of 2019 was registered at 8:30 am on September 12, 2019, at the Police Station, Lakhanpur, before the alleged offense occurred at 9:45 am on the same day. This discrepancy has prompted the court to take serious cognizance of the matter, questioning the procedural conduct of the police involved in the investigation.
Further compounding the issue, the original FIR is missing from the final police report. This procedural lapse was highlighted during the court proceedings, leading to an order for the Investigating Officer, Dy. SP Kamal Dev Bhagat, to appear in court and explain the situation. The court has also sought a detailed report from the prosecution regarding the chronology and status of witnesses examined so far.
The case revolves around the alleged recovery of arms, including four AK-56 rifles, two AK-47 rifles, and several loaded magazines, from a truck driven by the petitioner, Sabeel Ahmad Baba. The petitioner, along with co-accused, was taken into custody and charged with offenses under various sections of the Ranbir Penal Code and the Unlawful Activities (Prevention) Act.
The investigation has seen the involvement of multiple accused, and the final police report was presented in March 2020, with the trial ongoing before the Special Judge, TADA/NIA, Jammu. The report was notably presented at the residence of the Presiding Officer due to Covid-19 restrictions, adding another layer of complexity to the procedural narrative.
The court's directive for the appearance of the Investigating Officer and a comprehensive report on the prosecution's witness examination underscores the need for transparency and adherence to procedural norms in criminal investigations. The case is scheduled for further hearing on June 5, 2026, with the court keen on addressing these irregularities comprehensively.
Bottom line:-
Bail application involving offenses under Ranbir Penal Code (RPC), Unlawful Activities (Prevention) Act, 1967, and Indian Arms Act, 1959 - Serious irregularity noted regarding registration of FIR before the alleged commission of offenses - Missing original FIR and procedural lapses in investigation highlighted.
Statutory provision(s):
Ranbir Penal Code (RPC), Unlawful Activities (Prevention) Act, 1967, Indian Arms Act, 1959
Sabeel Ahmad Baba v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc id # 2910566
