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Sandeep Tiwari @ Sandeep Kumar Tripathi v. State Of U.p. And 2 Others

Sandeep Tiwari @ Sandeep Kumar Tripathi v. State Of U.p. And 2 Others

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. WRIT PETITION No. - 19334 of 2023 | 14-12-2023

1. This petition has been filed with the prayer to quash the First Information Report in Case Crime No. 48 of 2022, under Section 8/20 Narcotic Drugs & Psychotropic Substance Act, 1985, Police Station- Jhunsi, District- Prayagraj.

2. Learned counsel for the petitioner submits that neither any recovery has been made from the petitioner nor there is any other evidence against him and, therefore, his implication based on confessional statement of co-accused cannot be made the basis for his implication.

3. Learned AGA opposes the prayer made in the writ petition.

4. From the perusal of the records of the writ petition, it appears that certain contraband has been recovered from Anil Kumar Kanaujiya and Shyam Babu. During the course of investigation, petitioner's role has surfaced and the investigation is proceeded. At this stage of the proceedings, we would not be justified in drawing any inference in favour of the petitioner merely because no recovery is made from him.

5. Since prima-facie allegation with regard to commissioning of cognizable offence under the N.D.P.S. Act is clearly disclosed in the F.I.R., we decline to interfere in the writ petition, inasmuch as neither the specific role of the petitioner is required to be examined at the threshold nor correctness or otherwise of the allegations made therein.

6. The writ petition is dismissed accordingly.

Advocate List

  • Meraj Ahmad Khan,Akhilesh Misra

  • G.A.

Bench
  • HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA
  • HON'BLE MR. JUSTICE SYED AFTAB HUSAIN RIZVI
Eq Citations
  • 2023/AHC/236714-DB
  • LQ/AllHC/2023/9096
Head Note

Criminal — Narcotic Drugs & Psychotropic Substance Act, 1985 — Offences — Quashing of FIR — No recovery made from petitioner — Petitioner implicated on the basis of confessional statement of co-accused — Held, at this stage of proceedings, no interference warranted — Prima-facie allegation with regard to commissioning of cognizable offence under the Act clearly disclosed in the FIR — Specific role of petitioner not required to be examined at the threshold — Correctness or otherwise of allegations made therein not to be gone into — Writ petition dismissed.