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Truck Driver Spent Years in Jail While Court Discovers Terror FIR Was Filed Before His Arrest

J&K High Court flagged that police filed a terror FIR 75 minutes before the actual weapons seizure.

The Jammu and Kashmir High Court has raised serious concerns over procedural lapses in a 2019 terror case after observing that the First Information Report appeared to have been registered before the alleged offense took place. The issue surfaced during the bail hearing of truck driver Sabeel Ahmad Baba, who was arrested in connection with an arms smuggling case in Kathua district.

Justice Rahul Bharti, while examining police records, noted a major discrepancy in the timeline mentioned in the case documents. According to the records presented before the court, the FIR at Lakhanpur Police Station was registered at 8:30 am on September 12, 2019. However, the alleged seizure of weapons from Baba’s truck was recorded at 9:45 am the same day, nearly 75 minutes later.

The court observed that such inconsistencies could not be ignored, especially in a case involving allegations linked to terrorism and arms smuggling. The High Court said it could not distance itself from the “striking discrepancies” regarding the timing of the FIR and the alleged commission of the offense.

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Police had claimed that four AK-56 rifles, two AK-47 rifles, six magazines, and 180 rounds of ammunition were recovered from the truck. Along with Baba, four others were also arrested in the case. Investigators alleged that the weapons were sent by Ashique Ahmad Nengroo, a Pakistan-based operative linked to the terror outfit Jaish-e-Mohammed.

During the hearing, the court also questioned the absence of the original FIR in the records submitted before it. Instead of the original document, a copy obtained from the prosecution had been attached with the case file. The bench noted that the original FIR had earlier been submitted before the Chief Judicial Magistrate in Kathua but was not produced before the High Court.

Taking serious note of the irregularities, the High Court has summoned the investigating officer to appear in person at the next hearing. The court’s observations have now placed the investigation under scrutiny, with questions emerging over the handling and documentation of the high-profile terror case.

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