Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3262 of 2021 Petitioner :- Anwar @ Sonu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Salman Ahmad,Naseem Ahmad 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, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 19.03.2021 registered as Case Crime No.111 of 2021, under Section 8/20/29 of NDPS Act, P.S. Hasanpur, District Amroha.
The allegations in the impugned first information report are in respect of recovery of 14 quintal 30 Kg of Ganja from a container/Truck. The petitioner's complicity is disclosed in the impugned first information report as one of the two persons who escaped from the spot.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated and that no incriminating material has been recovered from the petitioner.
Be that as it may, as there had been recovery of large quantity of contraband article and, according to the allegations, the petitioner is stated to have escaped from the spot, the matter would have to be investigated and therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 28.5.2021 AKShukla/-