Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3163 of 2021 Petitioner :- Anil Chaudhari Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Fakhruzzaman Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 01.11.2020 registered as Case Crime No.545 of 2020, under Section 8/20 of NDPS Act, P.S. Nawabad, District Jhansi.
The allegations in the impugned first information report are in respect of recovery of 7 quintal 8 Kg and 49 Grams of Ganja from a Truck under transportation. The complicity of the petitioner has come to light from the confessional statement of the person apprehended on spot so as to suggest that the contraband article was under transportation to be delivered to the petitioner.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated; that no incriminating material has been recovered from the petitioner; and that only on the basis of confessional statement of co-accused, the petitioner should not be harassed.
As the allegations made in the impugned first information report disclose commission of cognizable offence, the matter would have to be investigated and, upon investigation, if credible evidence is collected against the petitioner he can also be prosecuted therefore, on the grounds taken, the prayer of the petitioner to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 28.5.2021 AKShukla/-